Transcript AOC Legislative Overview 2005

Legislative Overview 2013 for
Limited Jurisdiction Courts
Presented by
Justice of the Peace Scott Pearson
Reno Justice Court
Joe Tommasino, Esq.
Las Vegas Justice Court
NACCA Legislative Overview 2013
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General Sources of NV Law
Recent Cases from the
Nevada Supreme Court:
http://www.nevadajudiciary.us/
* Select “Supreme Court”
* On the right-hand column, under
“Decisions,” select “Advance Opinions.”
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General Sources of NV Law
All Court Rules for Nevada:
http://www.leg.state.nv.us/Division/Legal/LawLibr
ary/CourtRules/index.cfm
* Includes:
“Retention Schedules”
“E-Filing Rules”
“Nevada Code of Judicial Conduct”
“JCRCP”/ “NRCP” / “JCRLV” / Etc.
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General Sources of NV Law
http://www.leg.state.nv.us/law1.cfm
•
•
•
•
Nevada Administrative Code
Nevada Constitution
City Charters
Etc.
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Nevada Revised
Statutes Online
To access the Nevada Revised Statutes:
(1) Go to http://www.leg.state.nv.us/
(2) Click the “Law Library” tab on the left side of
the page.
(3) Click “Nevada Revised Statutes”—“Table of
Contents”
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Legislative Bills Online
(1) Go to http://www.leg.state.nv.us/
(2) Click the “Session Info.” tab on the left side of the page.
(3) Click “77th Session (2013)” on right side of the page.
(4) Click “Bill Information.”
(4) Click “History of Specific Legislation” and enter the bill
that you need.
(5) Choose “AS ENROLLED” to view the final version.
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Finding Key Bills
NRS Sections Proposed to Be Amended or Repealed:
http://www.leg.state.nv.us/Session/77th2013/
Reports/TablesAndIndex/2013_77Section.html
Subject Index for 2013 Legislation:
http://www.leg.state.nv.us/Session/77th2013/Reports/Tables
AndIndex/2013_77-index.html
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Statistics for 2013
•
•
•
•
512 Assembly Bills
522 Senate Bills
17 Bills Vetoed by the Governor
553 Bills Signed by the Governor
• ______ Bills Referenced in Handout
• 90 Bills Discussed in Today’s Session
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12 Subject Areas
(1) Civil (Slides __-__)
(2) Court Administration (Slides __-__)
(3) Criminal Penalties (Slides ___-___)
(4) Criminal Procedure (Slides ___-___)
(5) Elections (Slides ___-___)
(6) Judges (Slides ___-___)
(7) Legislature (Slides ___-___)
(8) Public Records (Slides ___-___)
(9) Studies (Slides ___-___)
(10) Traffic (Slides ___-___)
(11) Miscellaneous (Slides ___-__)
(12) “Dead Bills of Interest” (Slides ___-___)
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CIVIL
(begins at Slide ___)
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AB 54
(Effective on 7/1/13)
Section 1 of this bill authorizes a board of
county commissioners to impose by
ordinance a filing fee relating to actions and
proceedings in the justice court, in an
amount not to exceed $8,
to offset a portion of the costs of operating
such a law library.
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AB 54
New statute in NRS Chapter 4:
1. In addition to any other fee required by law, a board of
county commissioners may impose by ordinance a filing
fee to offset a portion of the costs of operating a law library
established in that county by the board of county
commissioners pursuant to NRS 380.010, in an amount
not to exceed $8, to be paid on the commencement of any
action or proceeding in the justice court for which a filing
fee is required and on the filing of any answer or
appearance in any such action or proceeding for which a
filing fee is required.
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AB 54
Section 1.5 of this bill increases the amount
of certain fees charged and collected by the
justice court and revises the tiers upon which
certain fees are based.
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AB 54
Examples:
In a civil action for unlawful detainer pursuant to NRS
40.290 to 40.420, inclusive, in which a notice to quit has
been served pursuant to NRS 40.255 ...................... 225.00
For the filing of any paper in intervention ...... [$6.00]
$25.00
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AB 54
(f) For the issuance of any writ of attachment, writ of
garnishment, writ of execution or any other writ designed to
enforce any judgment of the court , other than a writ of
restitution ................................. [$6.00] $25.00
(g) For the issuance of any writ of restitution .................
$75.00
(h) For filing a notice of appeal, and appeal bonds ........
[$12.00] $25.00
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AB 54
(j) For preparation and transmittal of transcript and papers
on appeal ................................. [$12.00] $25.00
(l) For entering judgment by confession ..... [ $6.00] $50.00
(m) For preparing any copy of any record, proceeding or
paper, for each page ...................... [ $.30] $.50
(p) For filing and acting upon each bail or property bond
........................................................ [ $40.00] $50.00
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AB 54
6. Except as otherwise provided in subsection 7,
the county treasurer shall deposit 25 percent of the
fees received pursuant to subsection 4 into a
special account administered by the county and
maintained for the benefit of each justice court
within the county.
The money in that account must be used only to:
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AB 54
(a) Acquire land on which to construct additional facilities
or a portion of a facility for a justice court or a multi-use
facility that includes a justice court;
(b) Construct or acquire additional facilities or a portion of
a facility for a justice court or a multi-use facility that
includes a justice court;
(c) Renovate, remodel or expand existing facilities or a
portion of an existing facility for a justice court or a multiuse facility that includes a justice court;
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AB 54
(d) Acquire furniture, fixtures and equipment necessitated
by the construction or acquisition of additional facilities or
a portion of a facility or the renovation, remodeling or
expansion of an existing facility or a portion of an existing
facility for a justice court or a multi-use facility that
includes a justice court;
(e) Acquire advanced technology for the use of a justice
court;
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AB 54
(f) Acquire equipment or additional staff to
enhance the security of the facilities used by a
justice court, justices of the peace, staff of a justice
court and residents of this State who access the
justice courts;
(g) Pay for the training of staff or the hiring of
additional staff to support the operation of a
justice court;
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AB 54
(h) Pay debt service on any bonds issued pursuant to
subsection 3 of NRS 350.020 for the acquisition of land or
facilities or for the construction, renovation, remodeling or
expansion of facilities for a justice court or a multi-use
facility that includes a justice court; and
(i) Pay for one-time projects for the improvement of a
justice court.
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AB 54
Any money remaining in the account
at the end of a fiscal year must be
carried forward to the next fiscal year.
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AB 54
7. The county treasurer shall, if necessary, reduce on an
annual basis the amount deposited into the special account
pursuant to subsection 6 to ensure that the total amount of
fees collected by a justice court pursuant to this section
and paid by the justice of the peace to the county treasurer
pursuant to subsection 4 is, for any fiscal year,
not less than the total amount of fees collected by that
justice court and paid by the justice of the peace to the
county treasurer for the fiscal year beginning July 1, 2012,
and ending June 30, 2013.
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AB 54
8. Each justice court that collects fees pursuant to this
section shall submit to the board of county commissioners
of the county in which the justice court is located an
annual report that contains:
(a) An estimate of the amount of money that the
county treasurer will deposit into the special
account pursuant to subsection 6 from fees
collected by the justice court for the following fiscal
year; and
(b) A proposal for any expenditures by the justice
court from the special account for the following
fiscal year.
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AB 54
Note:
Under NRS 5.073(2), “[e]ach municipal judge shall charge
and collect such fees prescribed in NRS 4.060 that are
within the jurisdictional limits of the municipal court.”
However, AB 54 does not provide for Municipal Courts to
set up a special revenue account.
NACCA Legislative Overview 2013
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AB 182
(Effective on 10/1/13)
Section 3 of this bill authorizes the owner of a storage
facility to impose a reasonable late fee for rent which is not
paid when due if the rental agreement sets forth the amount
of the late fee. Under section 3, a late fee is deemed to be
reasonable if it is $20 or 20 percent of the monthly rental
amount, for each month of a late rental payment, whichever
is greater.
Section 6 of this bill provides that if a late fee is imposed on
an occupant of a storage space, the late fee is included in the
owner’s lien.
NACCA Legislative Overview 2013
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AB 182
Prior law prohibited a person from using a storage space at a
storage facility as a residence and required the owner of a
storage facility to evict a person who is residing in a storage
space. (NRS 108.475) Under prior law, a sheriff or constable
of the county had to remove the person from the storage
space within 24 hours after receipt of an eviction order
issued by a justice of the peace. (NRS 40.670)
Sections 5 and 9 of this bill repeal the requirement that the
owner evict a person who is residing in a storage space at a
storage facility.
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AB 182
Existing law provides that if any charges for rent or other
items owed by the occupant of a storage space at a storage
facility remain unpaid for 14 days or more, the owner of the
storage facility may terminate the occupant’s right to use the
storage space for which charges are owed after providing
certain notice to the occupant. (NRS 108.476)
Existing law further provides that if the occupant fails to pay
the total amount due by the date specified in a notice of lien
from the owner of a storage facility, the owner may deny the
occupant access to the storage space. (NRS 108.4763)
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AB 182
Sec. 5. NRS 108.475 is hereby amended to read as follows:
1. [A person shall not] It is unlawful to use a storage space
at a facility for a residence. [The owner of such a facility
shall evict any person who uses a storage space at the
facility as a residence in the manner provided for in NRS
40.760.]
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AB 182
Sections 7 and 8 of this bill remove the provisions
of existing law authorizing the owner of a storage
facility to deny access to a storage space and,
instead, authorize the owner to deny access to a
storage space for which an occupant owes any
charge for rent or other items if the charge remains
unpaid for 10 days or more.
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AB 223
(Effective on 7/1/13)
Existing law provides for a summary eviction procedure
when the tenant of any dwelling, apartment, mobile
home, recreational vehicle or commercial premises with
periodic rent due by the month or a shorter period
defaults in the payment of the rent. (NRS 40.253)
Section 1 of this bill provides that the affidavit of
complaint for eviction of a tenant that a landlord or
landlord’s agent is authorized to file in justice court or
district court applies to tenants of recreational vehicles.
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AB 223
Existing law provides that if a sale of property is a
residential foreclosure, the posting of certain required
notices on the property must be completed by a licensed
process server or any constable or sheriff. (NRS 107.087)
Section 3 of this bill: (1) specifies that the constable or
sheriff who posts such a notice must be a constable or sheriff
of the county in which the property is located; and (2)
revises the date by which certain required notices must be
provided.
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AB 223
Existing law provides that a constable is a peace officer in his or her
township. (NRS 258.070) Section 8.6 of this bill requires a constable of
a township whose population is 15,000 or more or that has within its
boundaries a city whose population is 15,000 or more to become
certified as a category I or category II peace officer by the Peace
Officers’ Standards and Training Commission within 1 year after the
date on which the constable commences his or her term of office or
appointment unless the Commission, for good cause shown, extends the
time.
Section 16.5 of this bill provides that this requirement does not apply to
a constable who is in office on July 1, 2013, unless he or she is elected
or appointed to a term of office on or after July 1, 2013.
NACCA Legislative Overview 2013
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AB 223
Sections 7.5, 12 and 12.5 of this bill provide that a
constable or deputy constable in a township whose
population is less than 15,000 or that has within its
boundaries a city whose population is less than
15,000 may not make an arrest in the course of
performing his or her duties as a constable unless he
or she is certified as a category I or category II
peace officer.
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AB 223
Existing law authorizes a constable to appoint deputies and provides that
a deputy constable must be certified as a category II peace officer by the
Peace Officers’ Standards and Training Commission within 1 year after
the date on which the person commences employment as a peace officer
unless the Commission, for good cause shown, extends the time. (NRS
258.060, 289.470, 289.550)
Section 10 of this bill provides that a person appointed as a deputy
constable for a township whose population is 15,000 or more or that has
within its boundaries a city whose population is 15,000 or more must be
certified as a category I or category II peace officer by the Commission
before he or she commences employment as a deputy constable.
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AB 223
Existing law authorizes the board of county commissioners to appoint
clerks for the constable of a township and to provide compensation for
those clerks. (NRS 258.065)
Section 11 of this bill authorizes the constable to appoint clerical and
operational staff for the office of the constable, subject to the approval of
the board of county commissioners, and requires the board of county
commissioners to fix the compensation of the clerical and operational
staff of the constable’s office.
Section 11 further provides that the clerical and operational staff of a
constable’s office do not have the powers of a peace officer and may not
possess a weapon or carry a concealed firearm while performing the
duties of the constable’s office.
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AB 223
Section 8.8 of this bill authorizes the board of county
commissioners to establish, by resolution or ordinance,
penalties to be imposed on a constable who fails to file a
report, oath or other document required by statute to be filed
with the county or the Peace Officers’ Standards and
Training Commission.
Section 9 of this bill requires the oath of a constable to be
filed and recorded in the office of the recorder of the county.
NACCA Legislative Overview 2013
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AB 282
(Effective on 7/1/13)
Under existing law, each broker, manufacturer, distributor,
dealer and rebuilder of motor vehicles is required to procure
and file a surety bond with the Department of Motor
Vehicles or make a deposit with the Department. Any
person, including consumers as well as corporate entities,
injured by the actions of such a broker, manufacturer,
distributor, dealer or rebuilder is allowed to apply to the
Director of the Department or to bring and maintain an
action in any court of competent jurisdiction for
compensation from the bond or deposit. (NRS 482.3333,
482.345, 482.346)
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AB 282
Additionally, under existing case law in Nevada, the phrase
“any person,” as used in NRS 482.345(6), has been
interpreted literally to allow any individual person or group
of persons (including a finance company) who is injured by
the actions of a broker, manufacturer, distributor, dealer or
rebuilder of motor vehicles to apply for compensation from
the bond that section requires to be procured and filed.
(Western Sur. Co. v. ADCO Credit, Inc., 127 Nev. Adv. Op.
No. 8, 251 P.3d 714 (Mar. 17, 2011))
NACCA Legislative Overview 2013
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AB 282
This bill amends NRS 482.3333,
482.345 and 482.346 to provide that
bonds procured pursuant to NRS
482.3333 and 482.345 and deposits
made in lieu of such bonds pursuant to
NRS 482.346 may be used to
compensate only a consumer, for any
loss or damage established, and no
other person.
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AB 282
Example:
5. The bond must provide that it is for the use and benefit of any
[person injured by the action] consumer of the broker or an employee of
the broker [in violation of any provision of this chapter may apply to the
Director, for good cause shown, for compensation from the bond.] for
any loss or damage established, including, without limitation:
(a) Actual damages;
(b) Consequential damages;
(c) Incidental damages;
(d) Statutory damages;
(e) Damages for noneconomic loss; and
(f) Attorney’s fees and costs.
NACCA Legislative Overview 2013
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AB 284
(Effective on 7/1/13)
This bill provides, under certain
circumstances, for the early termination of a
rental agreement if a
tenant,
cotenant,
or household member
is a victim of domestic violence.
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AB 284
Section 1.3 of this bill:
(1)Establishes provisions concerning notice
requirements for such an early
termination;
(2)Establishes provisions concerning liability
of unpaid amounts relating to the
termination of a rental agreement;
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AB 284
(3) Requires a landlord to install a new lock
onto the dwelling of certain persons who are
victims of domestic violence; and
(4) Establishes certain limitations concerning
the disclosure to a prospective landlord of an
early termination pursuant to this bill.
NACCA Legislative Overview 2013
Slide 44
AB 284
Section 1.7 of this bill establishes the form in
which an affidavit submitted by a tenant or
cotenant in support of a notice to terminate a
rental agreement pursuant to this bill must be
made.
NACCA Legislative Overview 2013
Slide 45
AB 284
Existing law prohibits a landlord from taking
certain retaliatory actions against a tenant. (NRS
118A.510)
Section 2 of this bill prohibits a landlord from
taking certain retaliatory actions against a tenant,
cotenant or household member who is a victim of
domestic violence or who terminates a rental
agreement because he or she is a victim of domestic
violence.
NACCA Legislative Overview 2013
Slide 46
AB 284
Sec. 1.3. 1. Notwithstanding any provision in a rental
agreement to the contrary, if a tenant, cotenant or
household member is the victim of domestic violence, the
tenant or any cotenant may terminate the rental agreement
by giving the landlord written notice of termination
effective
at the end of the current rental period
or
30 days after the notice is provided to the
landlord,
whichever occurs sooner.
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AB 284
2. The written notice provided to a landlord pursuant to
subsection 1 must describe the reason for the termination
of the rental agreement and be accompanied by:
(a) A copy of an order for protection against
domestic violence issued to the tenant, cotenant or
household member who is the victim of domestic
violence;
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AB 284
(b) A copy of a written report from a law enforcement
agency indicating that the tenant, cotenant or household
member notified the law enforcement agency of the
domestic violence; or
(c) A copy of a written affidavit in the form prescribed
pursuant to section 1.7 of this act and signed by a qualified
third party acting in his or her official capacity stating that
the tenant, cotenant or household member is a victim of
domestic violence and identifying the adverse party.
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AB 284
3. A tenant or cotenant may terminate a rental
agreement pursuant to this section only if the
actions, events or circumstances that resulted in
the tenant, cotenant or household member
becoming a victim of domestic violence occurred
within the 90 days immediately preceding the
written notice of termination to the landlord.
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AB 284
5. A person who is named as the adverse party may be
civilly liable for all economic losses incurred by a landlord
for the early termination of a rental agreement pursuant to
this section, including, without limitation, unpaid rent, fees
relating to early termination, costs for the repair of any
damages to the dwelling and any reductions in or waivers
of rent previously extended to the tenant or cotenant who
terminates the rental agreement pursuant to this section.
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AB 284
6. A landlord shall not provide to an adverse
party any information concerning the
whereabouts of a tenant, cotenant or
household member if the tenant or cotenant
provided notice pursuant to subsection 1.
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AB 284
9. This section shall not be construed to limit a landlord’s
right to terminate a rental agreement for reasons unrelated
to domestic violence.
10. Notwithstanding any other provision of law, the
termination of a rental agreement pursuant to this section:
(a) Must not be disclosed, described or
characterized as an early termination by a current
landlord to a prospective landlord; and
(b) Is not required to be disclosed as an early
termination by a tenant or cotenant to a prospective
landlord.
NACCA Legislative Overview 2013
Slide 53
AB 326
(Effective on 10/1/13)
Section 1 of this bill requires an agreement which includes a
provision requiring a person to submit to arbitration any
dispute arising between the parties to the agreement to
include specific authorization of the provision by the person.
Section 1 further provides that an agreement which includes
such a provision concerning submitting a dispute to
arbitration and which fails to include specific authorization
of that provision by the person is void.
Section 1 excludes a collective bargaining agreement from these new
provisions.
NACCA Legislative Overview 2013
Slide 54
AB 326
Existing law which governs the provisions for
arbitration provided by the parties to an agreement
is set forth in the Uniform Arbitration Act. (NRS
38.206-38.248)
Section 2 of this bill provides an exception to a
provision of the Uniform Arbitration Act which
governs the validity of an agreement to arbitrate to
account for the requirement set forth in section 1.
NACCA Legislative Overview 2013
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AB 326
Section 1. Chapter 597 of NRS is hereby amended
by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3,
an agreement which includes a provision which
requires a person to submit to arbitration any
dispute arising between the parties to the
agreement must include specific authorization for
the provision which indicates that the person has
affirmatively agreed to the provision.
NACCA Legislative Overview 2013
Slide 56
AB 326
2. If an agreement includes a provision which requires a
person to submit to arbitration any dispute arising between
the parties to the agreement and the agreement fails to
include the specific authorization required pursuant to
subsection 1, the provision is void and unenforceable.
3. The provisions of this section do not apply to an
agreement that is a collective bargaining agreement. As
used in this subsection, “collective bargaining” has the
meaning ascribed to it in NRS 288.033.
NACCA Legislative Overview 2013
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AB 326
Sec. 2. NRS 38.219 is hereby amended to read as follows:
1. An agreement contained in a record to submit to
arbitration any existing or subsequent controversy
arising between the parties to the agreement is valid,
enforceable and irrevocable except as otherwise
provided in section 1 of this act or upon a ground that
exists at law or in equity for the revocation of a contract.
Note: The amendatory provisions of this act apply only to
agreements entered into or renewed on or after 10/1/13.
NACCA Legislative Overview 2013
Slide 58
SB 4
(Effective on 5/27/13)
Section 1 of this bill allows any employee or a
volunteer for a public agency, who comes in contact
with human blood or bodily fluids in the course of
his or her official duties, or his or her employer or
the public agency for which he or she volunteers, to
seek a test of the person or decedent who possibly
exposed the public employee or volunteer to a
communicable disease.
NACCA Legislative Overview 2013
Slide 59
SB 4
Section 1 requires a court to determine that
the employee or volunteer would require
medical intervention if there is a positive
result to the test for the presence of a
communicable disease before issuing an
order for a test.
NACCA Legislative Overview 2013
Slide 60
SB 4
Section 1 allows a judge or a justice of the peace hearing the
petition upon a determination of probable cause and the
ordering of a test, to authorize certain persons acting on
behalf of the employer or public agency to sign the name of
the judge or justice of the peace on a duplicate order.
Such an order is to be deemed an order of the court but must
be returned to the judge or justice of the peace for
endorsement. Failure by the judge or justice of the peace to
endorse the order does not in and of itself invalidate the
order.
NACCA Legislative Overview 2013
Slide 61
SB 4
Section 1 also: (1) requires any records concerning
such a petition or proceeding on such a petition to
be sealed and kept confidential; and (2) authorizes a
court to establish rules to allow a judge or justice of
the peace to conduct a hearing or issue an order by
electronic or telephonic means.
Sections 2 and 3 of this bill authorize justice
courts and municipal courts to issue such orders.
NACCA Legislative Overview 2013
Slide 62
SB 4
4. If a judge or a justice of the peace enters an order
pursuant to this section, the judge or justice of the peace
may authorize the designated health care officer or the
person designated by the employer or public agency to
document and verify possible exposure to a communicable
disease to sign the name of the judge or justice of the peace
on a duplicate order. Such a duplicate order shall be
deemed to be an order of the court.
NACCA Legislative Overview 2013
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SB 4
As soon as practicable after the duplicate order is signed,
the duplicate order must be returned to the judge or justice
of the peace who authorized the signing of it and must
indicate on its face the judge or justice of the peace to
whom it is to be returned. The judge or justice of the peace,
upon receiving the returned order, shall endorse the order
with his or her name and enter the date on which the order
was returned. Any failure of the judge or justice of the
peace to make such an endorsement and entry does not in
and of itself invalidate the order.
NACCA Legislative Overview 2013
Slide 64
SB 4
5. Except as otherwise provided in NRS 629.069, all
records submitted to the court in connection with a petition
filed pursuant to this section and any proceedings
concerning the petition are confidential and the judge or
justice of the peace shall order the records and any record
of the proceedings to be sealed and to be opened for
inspection only upon an order of the court for good cause
shown.
6. A court may establish rules to allow a judge or justice of
the peace to conduct a hearing or issue an order pursuant
to this section by electronic or telephonic means.
NACCA Legislative Overview 2013
Slide 65
SB 94
(Effective on 10/1/13)
Existing law establishes certain limitations on the
amounts that a check-cashing service, deferred
deposit loan service, high-interest loan service or
title loan service may charge after a customer
defaults on a loan. (NRS 604A.485)
This bill authorizes certain licensees to charge not
more than $15, payable on a one-time basis, for
any installment payment that remains unpaid 10
days or more after the date of default.
NACCA Legislative Overview 2013
Slide 66
SB 94
Section 1. Chapter 604A of NRS is hereby amended by
adding thereto a new section to read as follows:
In addition to the amounts authorized to be collected
pursuant to NRS 604A.485, a licensee who makes a highinterest loan in accordance with the provisions of
subsection 2 of NRS 604A.480 may charge a fee of not
more than $15, payable on a one-time basis, for any
installment payment that remains unpaid 10 days or more
after the date of default.
NACCA Legislative Overview 2013
Slide 67
SB 110
(Effective on 10/1/13)
Existing law contains Article 4A of the Uniform
Commercial Code, the uniform law governing
certain funds transfers.
Under existing law, the provisions of Article 4A do
not apply if any part of a funds transfer is governed
by the federal Electronic Fund Transfer Act of
1978, 15 U.S.C. §§ 1693 et seq. (NRS 104A.4108)
NACCA Legislative Overview 2013
Slide 68
SB 110
This bill enacts the amendment to Article 4A promulgated
by the Uniform Law Commission and the American Law
Institute to provide that:
(1) Article 4A applies to a funds transfer that is a
remittance transfer, as defined in the federal
Electronic Fund Transfer Act, if the remittance
transfer is not an electronic fund transfer, as defined
in the federal Electronic Fund Transfer Act; and
(2) The federal Electronic Fund Transfer Act applies
to a funds transfer to which Article 4A applies if
there is an inconsistency between the applicable
provision of Article 4A and the federal Act.
NACCA Legislative Overview 2013
Slide 69
SB 140
(Effective on 7/1/13)
Existing law provides for the creation, perfection
and attachment of a lien for attorney’s fees. Such a
lien, commonly known as a “charging lien,”
attaches to any verdict, judgment or decree entered
and to any money or property which is recovered on
account of a suit or other action for which an
attorney rendered services on behalf of his or her
client. (NRS 18.015)
NACCA Legislative Overview 2013
Slide 70
SB 140
Common law also provides for the attachment of a lien to a
client’s files or other property left in the possession of the
attorney in the event of a dispute over attorney’s fees.
A fee dispute underlying such a lien, commonly known as a
“retaining lien,” may only be resolved by a court if the
client requests that the court extinguish the lien or if the
client consents to the court’s adjudication of the lien.
(Argentena Consol. Mining Co. v. Jolley Urga Wirth
Woodbury & Standish, 125 Nev. 527 (2009))
NACCA Legislative Overview 2013
Slide 71
SB 140
This bill provides for the statutory creation, perfection and
attachment of such a “retaining lien” for attorney’s fees.
This bill also supersedes Nevada common law by providing
that the rights under such a lien may be adjudicated by a
court at the request of the attorney having the lien or any
other party who has been served with notice of the lien,
rather than only by request of the client whose files have
been retained under the lien.
Finally, this bill revises the provisions relating to the notice
requirements for perfecting a lien.
NACCA Legislative Overview 2013
Slide 72
SB 140
Section 1. NRS 18.015 is hereby amended to read as
follows:
1. An attorney at law shall have a lien [upon any] :
(a) Upon any claim, demand or cause of action, including
any claim for unliquidated damages, which has been placed
in the attorney’s hands by a client for suit or collection, or
upon which a suit or other action has been instituted. [The]
(b) In any civil action, upon any file or other property
properly left in the possession of the attorney by a client.
NACCA Legislative Overview 2013
Slide 73
SB 140
2. A lien pursuant to subsection 1 is for the amount of any
fee which has been agreed upon by the attorney and client.
In the absence of an agreement, the lien is for a reasonable
fee for the services which the attorney has rendered for the
client . [on account of the suit, claim, demand or action. 2.]
3. An attorney perfects [the] a lien described in subsection 1
by serving notice in writing, in person or by certified mail,
return receipt requested, upon his or her client and , if
applicable, upon the party against whom the client has a
cause of action, claiming the lien and stating the [interest
which the attorney has in any cause of action. 3. The]
amount of the lien.
NACCA Legislative Overview 2013
Slide 74
SB 140
4. A lien pursuant to:
(a) Paragraph (a) of subsection 1 attaches to any verdict,
judgment or decree entered and to any money or property
which is recovered on account of the suit or other action [,] ;
and
(b) Paragraph (b) of subsection 1 attaches to any file or other
property properly left in the possession of the attorney by his
or her client, including, without limitation, copies of the
attorney’s file if the original documents received from the
client have been returned to the client, and authorizes the
attorney to retain any such file or property until such time as
an adjudication is made pursuant to subsection 6,
from the time of service of the notices required by this section.
NACCA Legislative Overview 2013
Slide 75
SB 140
[4.] 5. A lien pursuant to paragraph (b) of subsection 1
must not be construed as inconsistent with the attorney’s
professional responsibilities to the client.
6. On motion filed by an attorney having a lien under this
section, the attorney’s client or any party who has been
served with notice of the lien, the court shall, after 5 days’
notice to all interested parties, adjudicate the rights of the
attorney, client or other parties and enforce the lien.
NACCA Legislative Overview 2013
Slide 76
SB 140
[5.] 7. Collection of attorney’s fees by a lien
under this section may be utilized with, after
or independently of any other method of
collection.
Sec. 2. The amendatory provisions of this act
apply to any fee for the services of an
attorney incurred by a client for services
rendered before, on or after July 1, 2013.
NACCA Legislative Overview 2013
Slide 77
COURT
ADMINISTRATION
(begins at Slide __)
NACCA Legislative Overview 2013
78
AB 9
(Effective on 6/2/13)
The existing provisions of the Charter of the City of Reno
permit the City Council to establish additional departments
in the Reno Municipal Court and thereby increase the
number of Municipal Judges. (Reno City Charter § 4.010)
Section 28:
The City Council may not reduce the term of
office of any appointed or elected Municipal Judge.
• Section 31 provides for those Municipal Judges to be
elected on “the date fixed by the election laws of the
State for the statewide general election.”
NACCA Legislative Overview 2013
Slide 79
AB 12
(Effective on 5/18/13)
Existing law:
(1) Prohibits any person from discharging or discriminating
against an employee because the employee has filed a
complaint, instituted or caused to be instituted any
proceeding or testified or is about to testify in any
proceeding relating to an alleged violation of any
provision concerning occupational safety and health; and
(2) Allows an aggrieved employee to file a complaint
concerning such discharge or discrimination with the
Division of Industrial Relations of the Department of
Business and Industry. (NRS 618.445)
NACCA Legislative Overview 2013
Slide 80
AB 12
This bill removes the requirement that an
employee notify his or her employer of his or
her intention to file such a complaint with the
Division before filing the complaint.
NACCA Legislative Overview 2013
Slide 81
AB 13
(Effective on 5/18/13)
Chapter 288 of NRS, the Local Government EmployeeManagement Relations Act, creates the Local Government
Employee-Management Relations Board. (NRS 288.080)
In carrying out its duties under the Act, the Board is
authorized to hear and determine complaints arising out of
the interpretation of, or performance under, the Act by any
local government employer, local government employee or
employee organization.
NACCA Legislative Overview 2013
Slide 82
AB 13
Prior law required the Board to conduct a
hearing within 90 days after the Board
decides to hear a complaint. (NRS 288.110)
This bill requires the Board to conduct such a
hearing within 180 days after the Board
decides to hear a complaint.
NACCA Legislative Overview 2013
Slide 83
AB 45
(Effective on 5/20/13)
Section 2 of this bill authorizes the Division
of State Library and Archives to provide
microfilming and digital imaging services for
the records of the Legislative and Judicial
Branches of State Government, upon
request.
NACCA Legislative Overview 2013
Slide 84
AB 85
(Effective on 7/1/13)
Existing law authorizes:
(1) a local government and the State of Nevada to join or
use contracts of local governments located within this
State or another state if authorized by the contracting
vendor; and
(2) a local government to join or use the contracts of the
State of Nevada or another state if authorized by the
contracting vendor. (NRS 332.195)
NACCA Legislative Overview 2013
Slide 85
AB 85
This bill prohibits a local government from joining,
using or entering into a contract or agreement
pursuant to those provisions if a license issued
pursuant to chapter 624 of NRS governing
contractors is required for any portion of the
contract or agreement.
NACCA Legislative Overview 2013
Slide 86
AB 90
(Effective on 10/1/13)
Under prior law, a person could only represent an injured
worker before a hearing officer or in negotiations,
settlements, hearings or other meetings with an insurer
concerning a claim only if the person was:
(1) Employed full-time by the injured worker’s labor
organization;
(2) An attorney admitted to practice law in Nevada;
(3) A full-time employee of such an attorney who was
supervised by that attorney; or
(4) Appearing on behalf of the injured worker without
compensation. (NRS 616C.325)
NACCA Legislative Overview 2013
Slide 87
AB 90
This bill allows any employee of the injured
worker’s labor organization who is not an
independent contractor to appear on the injured
worker’s behalf in such situations.
However, in all situations where representation of
an injured worker is before an appeals officer, the
representative must be admitted to practice law in
this State.
NACCA Legislative Overview 2013
Slide 88
AB 99
(Effective on 1/1/14)
This bill revises various provisions of the Uniform
Law on Notarial Acts and maintains existing law
relating to the performance of notarial acts on
electronic records by electronic notaries public.
Sections 10 and 33 of this bill prohibit a notarial
officer from performing a notarial act with respect
to a record to which the officer or the officer’s
spouse or domestic partner is a party or in which
either of them has a direct beneficial interest.
NACCA Legislative Overview 2013
Slide 89
AB 99
Under existing law, a notary public is required to maintain a
journal in which he or she records certain information
concerning each notarial act he or she performs.
A notary public is required to have a person whose signature
he or she notarizes sign the journal unless the notary public
has performed a notarial act for the person within the
previous 6 months and has personal knowledge of the
identity of the person. (NRS 240.120) Section 34 of this bill
adds the further conditions that the person must also be an
employer or coworker of the notary public and that the
notarial act must relate to a transaction performed in the
ordinary course of the person’s business.
NACCA Legislative Overview 2013
Slide 90
AB 99
If a person is physically unable to sign a document
that is presented to a notarial officer pursuant to
this section, the person may direct a person other
than the notarial officer to sign the person’s name
on the document.
The notarial officer shall insert “Signature affixed
by (insert name of other person) at the direction of
(insert name of person)” or words of similar
import.
NACCA Legislative Overview 2013
Slide 91
AB 99
Section 13 of this bill establishes a standard for determining
whether a notarial officer has personal knowledge of the identity
of a person appearing before the notarial officer.
Section 35.3 of this bill specifically authorizes a notarial act to be
performed in this State by a person authorized to perform that
specific notarial act by the law of a federally recognized Indian
tribe or nation.
Section 35.5 of this bill revises provisions governing notarial acts
performed within the jurisdiction of a foreign nation or a
multinational or international organization.
NACCA Legislative Overview 2013
Slide 92
AB 181
(Effective on 10/1/13)
Section 1.6 of this bill prohibits an employer from
conditioning the employment of an employee or
prospective employee on his or her consumer credit
report or other credit information.
Section 1.6 also prohibits an employer from taking
certain employment actions based on the refusal of
an employee or prospective employee to submit a
credit report or other credit information or on the
results of such a report or information.
NACCA Legislative Overview 2013
Slide 93
AB 181
Section 1.6 further prohibits an employer
from taking certain employment actions
where an employee or prospective employee
files a complaint, testifies in any legal
proceeding or exercises his or her rights with
respect to any violation committed by the
employer.
NACCA Legislative Overview 2013
Slide 94
AB 181
Section 1.7 of this bill provides certain
exceptions to the preceding prohibitions,
including, without limitation, an exception
for circumstances in which the information
contained in the consumer credit report or
other credit information is reasonably related
to the position of employment.
NACCA Legislative Overview 2013
Slide 95
AB 181
Section 1.8 of this bill establishes the civil
remedies available to a person affected by a
violation committed by an employer,
including employment of a prospective
employee, reinstatement or promotion of an
employee, payment of lost wages and
benefits and the award of reasonable costs
and attorney’s fees.
NACCA Legislative Overview 2013
Slide 96
AB 181
Section 1.9 of this bill authorizes the Labor
Commissioner to impose an administrative
penalty against an employer for each
violation and to bring a civil action against
the employer.
NACCA Legislative Overview 2013
Slide 97
AB 181
Section 2 of this bill prohibits an employer from
conditioning the employment of an employee or prospective
employee on his or her disclosure of the user name,
password or any other information that provides access to
the employee’s or prospective employee’s personal social
media account.
Section 2 also prohibits an employer from taking certain
employment actions based on the refusal of an employee or
prospective employee to disclose such information.
NACCA Legislative Overview 2013
Slide 98
AB 181
Section 2 further provides, however, that it is
not unlawful for an employer to require an
employee to disclose his or her user name,
password or any other information to an
account or a service, other than a personal
social media account, for the purpose of
accessing the employer’s own internal
computer or information system.
NACCA Legislative Overview 2013
Slide 99
AB 181
4. As used in this section, “social media
account” means any electronic service or
account or electronic content, including,
without limitation, videos, photographs,
blogs, video blogs, podcasts, instant and text
messages, electronic mail programs or
services, online services or Internet website
profiles.
NACCA Legislative Overview 2013
Slide 100
AB 364
(Effective on 10/1/13)
This bill increases, from not more than 15
working days to not more than 39 working
days in a calendar year, the period during
which certain public officers and employees
of the State who are active members of the
military must be relieved from their duties as
public officers and employees to serve under
orders without loss of compensation.
NACCA Legislative Overview 2013
Slide 101
AB 364
2. Any public officer or employee of the State or any
agency thereof whose work schedule includes Saturday or
Sunday and who is an active member of the United States
Army Reserve, the United States Naval Reserve, the United
States Marine Corps Reserve, the United States Coast
Guard Reserve, the United States Air Force Reserve or the
Nevada National Guard must be relieved from the officer’s
or employee’s duties, upon the officer’s or employee’s
request, to serve under orders without loss of the officer’s
or employee’s regular compensation for a period of not
more than 39 working days in any 1 calendar year.
NACCA Legislative Overview 2013
Slide 102
AB 364
No such absence may be a part of the
employee’s annual vacation provided for by
law.
NACCA Legislative Overview 2013
Slide 103
AB 365
(Effective on 7/1/13)
Existing law requires the Court Administrator to adopt
regulations which, subject to the availability of funding,
establish a program for the certification of court interpreters.
(NRS 1.510)
Sections 1 and 2 of this bill require and authorize the Court
Administrator to adopt regulations which, subject to the
availability of funding, establish criteria and procedures for
the appointment of alternate court interpreters under
certain circumstances.
NACCA Legislative Overview 2013
Slide 104
AB 365
Sections 4-6 of this bill require a certified court
interpreter or an alternate court interpreter to be
provided in various judicial proceedings for a
person with a language barrier.
A person with a language barrier is defined in this
bill as a person who speaks a language other than
English and who cannot readily understand or
communicate in the English language.
NACCA Legislative Overview 2013
Slide 105
AB 365
NRS 1.510 is hereby amended to read as follows:
1. The Court Administrator shall, in consultation with the
committee established pursuant to NRS 1.530, adopt
regulations which, subject to the availability of funding,
establish:
(a) A program for the certification of court interpreters for
persons with language barriers who are witnesses,
defendants and litigants [who speak a language other than
English and do not know the English language.]; and
NACCA Legislative Overview 2013
Slide 106
AB 365
(b) Criteria and procedures for the
appointment of alternate court interpreters
for persons with language barriers who are
witnesses, defendants and litigants.
NACCA Legislative Overview 2013
Slide 107
AB 365
2. The regulations established pursuant to paragraph (a) of
subsection 1 must set forth:
(d) The circumstances under which the Court Administrator
will take disciplinary action against a certified court
interpreter [.] or an alternate court interpreter.
(e) The circumstances under which a court [must require the
services of] may appoint an alternate court interpreter .
[who is certified.]
(f) Except as otherwise provided in NRS 50.050, the rate
and source of the compensation to be paid for services
provided by a certified court interpreter [.] or an alternate
court interpreter.
NACCA Legislative Overview 2013
Slide 108
AB 365
3. An application for a certificate as a court
interpreter pursuant to paragraph (a) of subsection
1 must include the social security number of the
applicant.
4. Except as otherwise provided by a specific
regulation of the Court Administrator, it is grounds
for disciplinary action for a certified court
interpreter or an alternate court interpreter to act
as interpreter in any action in which:
NACCA Legislative Overview 2013
Slide 109
AB 365
(a) The spouse of the court interpreter is a party;
(b) A party or witness is otherwise related to the court
interpreter;
(c) The court interpreter is biased for or against one of the
parties; or
(d) The court interpreter otherwise has an interest in the
outcome of the proceeding.
NACCA Legislative Overview 2013
Slide 110
AB 365
5. The criteria and procedures established pursuant to
paragraph (b) of subsection 1 must set forth an order of
preference, subject to the direction of a court for the
appointment of a certified court interpreter before an
alternate court interpreter.
6. As used in this section, “person with a language
barrier” means a person who speaks a language other
than English and who cannot readily understand or
communicate in the English language.
NACCA Legislative Overview 2013
Slide 111
AB 365
Sec. 2. (Amends NRS 1.520):
The Court Administrator may:
1. In consultation with the committee established pursuant to
NRS 1.530, adopt any regulations necessary to:
(a) Carry out a program for the certification of court
interpreters.
(b) Establish criteria and procedures for the
appointment of alternate court interpreters.
NACCA Legislative Overview 2013
Slide 112
AB 365
Sec. 3. (Amends NRS 47.020)
1. This title governs proceedings in the courts of this State
and before magistrates, except:
(a) To the extent to which its provisions are relaxed by a
statute or procedural rule applicable to the specific situation;
and
(b) As otherwise provided in subsection 3.
2. Except as otherwise provided in subsection 1, the
provisions of chapter 49 of NRS with respect to privileges
apply at all stages of all proceedings.
NACCA Legislative Overview 2013
Slide 113
AB 365
3. The other provisions of this title , except with
respect to provisions concerning a person with a
language barrier, do not apply to:
(a) Issuance of warrants for arrest, criminal
summonses and search warrants.
(b) Proceedings with respect to release on bail.
(c) Sentencing, granting or revoking probation.
(d) Proceedings for extradition.
NACCA Legislative Overview 2013
Slide 114
AB 365
Sec. 4. Chapter 50 of NRS is hereby
amended by adding thereto a new section to
read as follows:
1. An interpreter must be appointed at
public expense for a person with a language
barrier who is a defendant or a witness in a
criminal proceeding.
NACCA Legislative Overview 2013
Slide 115
AB 365
2. As used in this section:
(a) “Interpreter” means a person who:
(1) Has a certificate as an interpreter
issued by the Court Administrator
pursuant to NRS 1.510 and 1.520; or
(2) Is appointed as an alternate court
interpreter in accordance with the
criteria and procedures established
pursuant to NRS 1.510 or 1.520.
NACCA Legislative Overview 2013
Slide 116
AB 365
Section 5 (Amends NRS 50.054):
2. Before undertaking his or her duties, the interpreter shall swear or
affirm that he or she will:
(a) To the best of his or her ability, translate accurately to the
[witness,] person with a language barrier in the language of
the [witness,] person, questions and statements addressed to the
[witness;] person;
(b) Make a true interpretation of the statements of the
[witness] person with a language barrier in an
understandable manner; and
(c) Repeat the statements of the [witness] person with a
language barrier in the English language to the best of his or
her ability.
NACCA Legislative Overview 2013
Slide 117
AB 365
3. While in the proper performance of his or her duties, an
interpreter has the same rights and privileges as the
[witness,] person with a language barrier, including the
right to examine all relevant material, but is not entitled to
waive or exercise any of those rights or privileges on behalf
of the [witness.] person with a language barrier.
4. If an interpreter appointed for a person with a language
barrier is not effectively or accurately communicating with
or on behalf of the person, and that fact becomes known to
the person who appointed the interpreter, another
interpreter must be appointed.
NACCA Legislative Overview 2013
Slide 118
AB 365
5. Claims against a county, municipality, this State or any
agency thereof for the compensation of an interpreter in a
criminal proceeding or other proceeding for which an
interpreter must be provided at public expense must be
paid in the same manner as other claims against the
respective entities are paid.
Payment may be made only upon the certificate of the
judge, magistrate or other person presiding over the
proceedings that the interpreter has performed the services
required and incurred the expense claimed.
NACCA Legislative Overview 2013
Slide 119
AB 365
6. As used in this section [, “interpreter”] :
(a) “Interpreter” means a person who [is readily able to
communicate with a person who speaks a language other
than English and does not know the English language,
translate the proceedings for him or her and accurately
repeat and translate the statements of the person in a
language other than English to the court, magistrate or
other person presiding. The term does not include an
interpreter for a person with a communications disability as
that term is defined in NRS 50.050.] :
NACCA Legislative Overview 2013
Slide 120
AB 365
(1) Has a certificate as an interpreter
issued by the Court Administrator
pursuant to NRS 1.510 and 1.520; or
(2) Is appointed as an alternate court
interpreter in accordance with the
criteria and procedures established
pursuant to NRS 1.510 or 1.520.
(b) “Person with a language barrier” has the
meaning ascribed to it in NRS 1.510.
NACCA Legislative Overview 2013
Slide 121
AB 365
Note re: Juvenile Courts (NRS Ch. 62D):
1. The juvenile court shall appoint at public expense an
interpreter for a person with a language barrier in all
proceedings conducted pursuant to the provisions of this
title if the person with a language barrier is:
(a) The child who is alleged to be or has been
adjudicated delinquent or in need of supervision;
(b) A parent or guardian of the child that is alleged
to be or has been adjudicated delinquent or in need
of supervision; or
(c) A person who appears as a witness.
NACCA Legislative Overview 2013
Slide 122
AB 408
(Effective on 7/1/13)
Existing law requires a state agency subject to the
Nevada Administrative Procedure Act (Chapter
233B of NRS) to determine whether a proposed
regulation is likely to impose a direct and
significant economic burden on small business or
directly restrict the formation, operation or
expansion of a small business. If so, the agency
must engage in certain actions and analysis and then
prepare a small business impact statement. (NRS
233B.0608)
NACCA Legislative Overview 2013
Slide 123
AB 408
Existing law provides a similar process to
determine the impact on a business when a
governing body of a local government
proposes to adopt a new rule. (NRS 237.080)
NACCA Legislative Overview 2013
Slide 124
AB 408
Section 1 of this bill requires a state agency to
make a concerted effort to determine the impact
of the regulation and to conduct or cause to be
conducted an analysis of the likely impact of the
proposed regulation on small businesses.
Section 6 of this bill places a similar requirement
on the governing body of a local government with
respect to a proposed rule.
NACCA Legislative Overview 2013
Slide 125
AB 408
Section 6 also removes the rebuttable
presumption that no direct or significant
economic burden is imposed on a business if
the governing body does not receive any data
or arguments indicating such a burden.
NACCA Legislative Overview 2013
Slide 126
AB 408
Section 1 further requires the director, executive head or
other person responsible for the agency to sign the statement
certifying that a concerted effort was made to determine the
impact of the proposed regulation on a small business and
that the information contained in the statement is accurate to
the best of his or her knowledge or belief.
Section 1 also requires a copy of the small business impact
statement to be submitted to the Legislative Counsel when
the adopted regulation is submitted.
NACCA Legislative Overview 2013
Slide 127
AB 408
Section 2 of this bill requires a state agency to include a
statement of the reasons for the conclusions of the agency
regarding the impact of a regulation on a small business in
its small business impact statement and requires the director,
executive head or other person who is responsible for the
agency to sign the statement certifying that the information
contained in the statement was prepared properly and is
accurate to the best of his or her knowledge or belief. (NRS
233B.0609)
NACCA Legislative Overview 2013
Slide 128
AB 408
Section 7 of this bill makes similar
requirements applicable to the governing
body of a local government which proposes a
new rule but requires the county manager,
city manager or other chief executive officer
for the governing body to sign the business
impact statement. (NRS 237.090)
NACCA Legislative Overview 2013
Slide 129
AB 408
Section 3 of this bill requires the Legislative
Counsel to return a regulation to the agency
if it is submitted without the small business
impact statement which complies with the
requirements for such a statement. (NRS
233B.0665)
NACCA Legislative Overview 2013
Slide 130
AB 408
Section 4 of this bill allows the Legislative
Commission or the Subcommittee to Review
Regulations to reject a regulation if it finds that the
small business impact statement is inaccurate,
incomplete or did not adequately consider or
significantly underestimated the economic effect
of the regulation on small businesses.
(NRS 233B.067)
NACCA Legislative Overview 2013
Slide 131
AB 408
Section 5 of this bill requires a state agency
that receives a petition from a business that is
aggrieved by a regulation to transmit a copy
of the petition to the Legislative Counsel for
submission to the Legislative Commission or
the Subcommittee. (NRS 233B.105)
NACCA Legislative Overview 2013
Slide 132
AB 408
Sec. 6. NRS 237.080 is hereby amended to read as follows :
1. Before a governing body of a local government adopts a
proposed rule, the governing body or its designee must
make a concerted effort to determine whether the proposed
rule will impose a direct and significant economic burden
upon a business or directly restrict the formation,
operation or expansion of a business. The governing body
of a local government or its designee must notify trade
associations or owners and officers of businesses which are
likely to be affected by the proposed rule that they may
submit data or arguments to the governing body or its
designee. . . .
NACCA Legislative Overview 2013
Slide 133
AB 408
2. [If the governing body or its designee does not receive
any data or arguments from the trade associations or owners
or officers of businesses that were notified pursuant to
subsection 1 within the period specified in the notification, a
rebuttable presumption is created that the proposed rule will
not impose a direct and significant economic burden upon a
business or directly restrict the formation, operation or
expansion of a business. ]
NACCA Legislative Overview 2013
Slide 134
AB 408
Sec. 7. NRS 237.090 is hereby amended to read as follows:
1. A business impact statement prepared pursuant to
NRS 237.080 must be considered [at any hearing
conducted] by the governing body at its regular
meeting next preceding any regular meeting held
to adopt [a] the proposed rule.
NACCA Legislative Overview 2013
Slide 135
AB 408
The business impact statement must set forth the following
information:
...
(g) The reasons for the conclusions regarding the
impact of the proposed rule on businesses.
2. The county manager, city manager or other chief
executive officer for the governing body of a local
government shall sign the business impact statement
certifying that, to the best of his or her knowledge or belief,
the information contained in the statement was prepared
properly and is accurate.
NACCA Legislative Overview 2013
Slide 136
AB 408
3. The governing body of a local government shall
not include the [adoption of a proposed rule]
consideration of a business impact statement on
the agenda for a meeting unless [a business impact]
the statement has been prepared and is available for
public inspection at the time the agenda is first
posted.
NACCA Legislative Overview 2013
Slide 137
AB 481
(Effective on 7/1/13)
Under existing law, the Division of State Library and
Archives of the Department of Administration is required to
provide microfilming service to local governments. The
Division may charge for such service, but the charge must
not exceed the cost to provide the service. (NRS 239.070)
This bill requires the Division also to provide digital
imaging services to local governments on the same terms.
NACCA Legislative Overview 2013
Slide 138
AB 481
This bill also provides that any money received by the
Division for providing such services and any interest or
income on the money:
(1) Must be accounted for separately in the State General
Fund;
(2) Does not revert to the State General Fund at the end of
any fiscal year;
(3) Must be carried forward to the next fiscal year; and
(4) Must be used exclusively for the repair or replacement
of the equipment used by the Division to provide
microfilming and digital imaging services.
NACCA Legislative Overview 2013
Slide 139
AB 503
(Effective 6/10/13;
expires by limitation on 6/30/17)
Existing law restricts the use by a local government
of money in an enterprise fund, money collected
from fees imposed for the purpose for which an
enterprise fund was created or any income or
interest earned on money in an enterprise fund
under certain circumstances. (NRS 354.613)
NACCA Legislative Overview 2013
Slide 140
AB 503
Section 1 of this bill authorizes temporarily the
governing body of a local government to loan or
transfer such money if the ending fund balance of
the general fund of the local government at the end
of a fiscal year is less than 9 percent of the total
expenditures of the local government from the
general fund during that fiscal year. Any such loan
or transfer requires the prior approval of the
Committee on Local Government Finance.
NACCA Legislative Overview 2013
Slide 141
AB 503
Any money loaned or transferred by the governing
body pursuant to section 1 must be used only, in
order of priority:
(1) To restore police and fire services;
(2) To restore the operation of libraries, parks and
other recreational services; and
(3) To settle any legal claim outstanding on the date
on which the loan or transfer is made.
NACCA Legislative Overview 2013
Slide 142
AB 503
Section 1 requires the governing body of a local government
that loans or transfers money pursuant to that section to
make certain quarterly reports to the Committee on Local
Government Finance concerning the loan or transfer.
Section 1 also requires the Committee to adopt regulations
specifying the procedure for obtaining the approval of the
Committee required by that section.
NACCA Legislative Overview 2013
Slide 143
AB 503
Section 9.5 of this bill requires the governing body
of any local government which makes such a loan
or transfer to report certain information to the
Director of the Legislative Counsel Bureau on or
before January 15, 2015, for transmittal to the Audit
Division of the Bureau and to the Legislature.
NACCA Legislative Overview 2013
Slide 144
AB 503
3. The governing body of a local government that
loans or transfers any money pursuant to
subsection 1 shall submit a quarterly report to the
Committee on Local Government Finance which
includes all of the information required pursuant
to subsections 4 and 5.
4. Each report submitted by the governing body of
a local government pursuant to subsection 3 must
include, without limitation:
NACCA Legislative Overview 2013
Slide 145
AB 503
(a) Information about any increase in a fee described in
subsection 1 imposed by the local government;
(b) Any change to salaries or benefits paid to employees of
the local government;
(c) Any change to a collective bargaining agreement
negotiated pursuant to chapter 288 of NRS to which the
local government is a party; and
(d) Any information prescribed by regulation of the
Committee on Local Government Finance pursuant to
subsection 6.
NACCA Legislative Overview 2013
Slide 146
AB 507
(Effective on Various Dates)
This bill makes appropriations from the State
General Fund and the State Highway Fund
for the support of the civil government of the
State of Nevada for the 2013-2015 biennium.
NACCA Legislative Overview 2013
Slide 147
AB 507
Sec. 11. Supreme Court of Nevada.
FY 2013-2014
FY 2014-2015
For the support of the:
Supreme Court of
Nevada ............................ $4,726,541
$4,800,021
Supreme Court Law
Library............................. 1,615,920
1,634,197
Judicial Programs and
Services Division ............ 679,636
697,022
NACCA Legislative Overview 2013
Slide 148
AB 507
FY 2013-2014
FY 2014-2015
Judicial Retirement
System State Share ..........
2,037,650
2,037,650
Senior Justice and Senior
Judge Program ................
967,995
966,600
Judicial Selection .................
18,270
18,270
State Judicial Elected
Officials ...........................
21,073,223
21,378,512
NACCA Legislative Overview 2013
Slide 149
AB 512
(Effective on 6/12/13)
• This is the Legislature’s “technical-corrections”
bill.
• SB 224 and SB 243 provide for a Specialty-Court
Fee and a Fee for Obtaining Biological
Specimens and Conducting Genetic Marker
Analysis.
• SB 224 and SB 243 also specify the manner in
which any payment made by a defendant in such
a case is to be apportioned.
NACCA Legislative Overview 2013
Slide 150
AB 512
Sections 3-5 of AB 512 amend SB 224 to
resolve a conflict with SB 243 by
conforming the provisions governing the
apportionment of such a payment.
NACCA Legislative Overview 2013
Slide 151
AB 512
4. A justice or judge shall, if requested by a
defendant, allow a specialty courts fee to be paid
in installments under terms established by the
justice or judge.
5. Any payments made by a defendant must be
applied in the following order:
NACCA Legislative Overview 2013
Slide 152
AB 512
(a) To pay the unpaid balance of an AA imposed pursuant to NRS
176.059 [SLIDING SCALE];
(b) To pay the unpaid balance of a Facility AA pursuant to NRS
176.0611;
(c) To pay the unpaid balance of a Specialty-Court AA pursuant to
NRS 176.0613;
(d) To pay the unpaid balance of an AA for obtaining a biological
specimen and conducting a genetic marker analysis pursuant to
section 15 of SB 243;
(e) To pay the unpaid balance of the specialty courts fee pursuant to
SB 224; and
(f) To pay the fine.
NACCA Legislative Overview 2013
Slide 153
SB 21
(Effective on Various Dates)
Sections 4, 7.1-7.9, 13-16 and 21-67 of this bill prohibit
certain licensing agencies from renewing licenses,
certifications, registrations, permits or other authorizations
that grant a person the authority to engage in certain
professions or occupations in this State if:
(1) The person owes a debt to a state agency which has been
assigned to the State Controller for collection; or
(2) The person has not provided to those licensing agencies
certain information relating to state business licenses.
NACCA Legislative Overview 2013
Slide 154
SB 21
Sec. 7.1. Chapter 1 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. In addition to any other requirements set forth in this
chapter, an applicant for the renewal of a certificate as a
court interpreter must indicate in the application submitted
to the Court Administrator whether the applicant has a
state business license. If the applicant has a state business
license, the applicant must include in the application the
state business license number assigned by the Secretary of
State upon compliance with the provisions of chapter 76 of
NRS.
NACCA Legislative Overview 2013
Slide 155
SB 21
2. Certification of a court interpreter may not be renewed
if:
(a) The applicant fails to submit the information required by
subsection 1; or
(b) The State Controller has informed the Court Administrator
pursuant to subsection 5 of section 4 of this act that the applicant owes
a debt to an agency that has been assigned to the State Controller for
collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt
pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
NACCA Legislative Overview 2013
Slide 156
SB 21
Sec. 7.2. Chapter 2 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The Supreme Court may adopt rules that:
(a) Require a person applying for the renewal of a license
to practice law to indicate in the application submitted to
the State Bar of Nevada whether the applicant has a state
business license and, if so, require the applicant to include
in the application the state business license number
assigned by the Secretary of State upon compliance with
the provisions of chapter 76 of NRS.
NACCA Legislative Overview 2013
Slide 157
SB 21
(b) Prohibit the renewal of a license to practice law if:
(1) The applicant fails to submit the information required by
paragraph (a); or
(2) The State Controller has informed the State Bar of
Nevada pursuant to subsection 5 of section 4 of this act that
the applicant owes a debt to an agency that has been assigned
to the State Controller for collection and the applicant has
not:
(I) Satisfied the debt;
(II) Entered into an agreement for the payment of the
debt pursuant to NRS 353C.130; or
(III) Demonstrated that the debt is not valid.
NACCA Legislative Overview 2013
Slide 158
SB 21
Sec. 7.3. Chapter 7 of NRS is hereby amended by adding thereto a new
section to read as follows:
1. If the Supreme Court adopts the rules described in section 7.2 of this
act, the State Bar of Nevada shall:
(a) Require a person applying for the renewal of a license to
practice law to include in the application submitted to the
State Bar of Nevada:
(1) Whether the applicant has a state business
license; and
(2) If the applicant has a state business license, the
state business license number assigned by the
Secretary of State upon compliance with the
provisions of chapter 76 of NRS; and
NACCA Legislative Overview 2013
Slide 159
SB 21
(b) Not renew a license to practice law if:
(1) The applicant fails to submit the information required by
paragraph (a); or
(2) The State Controller has informed the State Bar of Nevada
pursuant to subsection 5 of section 4 of this act that the
applicant owes a debt to an agency that has been assigned to
the State Controller for collection and the applicant has not:
(I) Satisfied the debt;
(II) Entered into an agreement for the payment of the
debt pursuant to NRS 353C.130; or
(III) Demonstrated that the debt is not valid.
NACCA Legislative Overview 2013
Slide 160
SB 27
(Effective on 7/1/13)
Sections 2-3 and 3.7-8 of this bill clarify
existing law by specifically requiring:
(1) the Attorney General to provide
legal counsel under these circumstances
to any present or former justice of the
Supreme Court, senior justice, judge of
a district court or senior judge; and
NACCA Legislative Overview 2013
Slide 161
SB 27
(2) the chief legal officer or other
authorized legal representative of a
political subdivision of this State to
provide legal counsel under these
circumstances to any present or former
justice of the peace, senior justice of
the peace, municipal judge or senior
municipal judge of that political
subdivision.
NACCA Legislative Overview 2013
Slide 162
SB 27
IMPORTANT!
In addition, sections 2-3 and 3.7-8 require the Attorney
General or the chief legal officer or other authorized legal
representative of a political subdivision of this State to
provide counsel for certain persons who are not employees
or officers of the State or political subdivision but who are
named as defendants in a civil action solely because of an
alleged act or omission relating to the public duties or
employment of certain officers or employees of the State or
political subdivision.
NACCA Legislative Overview 2013
Slide 163
SB 27
Section 3.3 of this bill clarifies that the
statutory provisions relating to legal
representation in civil actions relating to the
public duties or employment of such persons
do not abrogate, alter or affect the immunity
of such persons under other law.
NACCA Legislative Overview 2013
Slide 164
SB 27
2. No tort action may be brought against a person who is
named as a defendant in the action solely because of an
alleged act or omission relating to the public duties or
employment of any present or former:
(a) Local judicial officer or state judicial officer;
(b) Officer or employee of the State or of any political
subdivision;
(c) Immune contractor; or
(d) State Legislator,
unless the State or appropriate political subdivision is
named a party defendant under NRS 41.031.
NACCA Legislative Overview 2013
Slide 165
SB 32
(Effective on 5/22/13)
Existing law requires an offender to deposit all the money
that the offender receives into his or her individual account
in the Prisoners’ Personal Property Fund. (NRS 209.241)
Section 1 of this bill authorizes the Director of the
Department of Corrections to:
(1) Permit the distribution of money to a governmental
entity for certain deductions from any money deposited
in the individual account of an offender from any source
other than the offender’s wages; and
(2) Exempt certain offenders from certain provisions
concerning the Fund.
NACCA Legislative Overview 2013
Slide 166
SB 32
3. The Director:
...
(c) May permit the distribution of money to a
governmental entity for any applicable deduction
authorized pursuant to NRS 209.247 or any other
deduction authorized by law from any money
deposited in the individual account of an offender
from any source other than the offender’s wages.
NACCA Legislative Overview 2013
Slide 167
SB 32
Existing law additionally authorizes the Director to
transfer a person detained in a local facility to an
institution or facility of the Department for
safekeeping at the request of a county sheriff or the
chief of police of a city. (NRS 209.311)
Section 2 of this bill requires the Director to
determine whether the person is to be transported
by the staff of the Department or by the staff of the
county sheriff or the chief of police who requested
the transfer.
NACCA Legislative Overview 2013
Slide 168
SB 105
(Effective on 1/1/14)
Existing law provides for the publication of the Nevada
Constitution, the Statutes of Nevada, the Nevada Revised
Statutes and the Nevada Administrative Code by the
Legislative Counsel Bureau. (NRS 218D.955-218D.965,
220.110, 220.130-220.167, 233B.065)
This bill enacts the Uniform Electronic Legal Material Act
to provide for the authentication, preservation and security
of an electronic record of those legal materials which is
designated as official and which is first published
electronically on or after January 1, 2014.
NACCA Legislative Overview 2013
Slide 169
SB 105
Sec. 16. In implementing this chapter, the official
publisher of legal material shall consider:
1. Standards and practices of other jurisdictions;
2. The most recent standards regarding
authentication of, preservation and security of, and
public access to, legal material in an electronic
record and other electronic records, as promulgated
by national standard-setting bodies;
NACCA Legislative Overview 2013
Slide 170
SB 105
3. The needs of users of legal material in an
electronic record;
4. The views of governmental officials and entities
and other interested persons; and
5. To the extent practicable, the use of methods
and technologies for the authentication of,
preservation and security of, and public access to,
legal material that are in harmony and compatible
with the methods and technologies used in other
states that have adopted the Uniform
Electronic Legal Material Act.
NACCA Legislative Overview 2013
Slide 171
SB 121
(Effective on 4/23/13)
Existing law authorizes the State Land Registrar to transfer
land owned by the State of Nevada under certain
circumstances. (NRS 321.003)
Section 1 of this bill authorizes the State Land Registrar to
transfer the Belmont Courthouse to Nye County, without
consideration, and requires Nye County to pay the costs
relating to any such transfer of the property.
Section 3 of this bill provides the legal description of the
Belmont Courthouse.
NACCA Legislative Overview 2013
Slide 172
SB 121
If the State executes a deed for real property which is transferred to a
local government and which is part of a state park, the deed is required
to include restrictions that: (1) protect the historical and recreational
value of the property; (2) guarantee public access to the property; and (3)
prevent the local government or any successor in title from transferring
the property without authorization by a concurrent resolution of the
Legislature.
The deed must also provide that any breach of these restrictions results
in a reversion of the applicable property to the State. (NRS 321.135)
Section 2 of this bill requires the deed transferring ownership of the
Belmont Courthouse to Nye County to contain the preceding restrictions
and provisions.
NACCA Legislative Overview 2013
Slide 173
SB 127
(Effective on 10/1/13)
Existing law establishes various unlawful employment
practices. (Chapter 613 of NRS)
Section 7 of this bill prohibits an employer from
conditioning the employment of an employee or prospective
employee on his or her consumer credit report or other credit
information.
Section 7 also prohibits an employer from taking certain
employment actions based on the refusal of an employee or
prospective employee to submit a credit report or other
credit information or on the results of such a report or
information.
NACCA Legislative Overview 2013
Slide 174
SB 127
Section 7 further prohibits an employer from taking certain
employment actions where an employee or prospective
employee files a complaint, testifies in any legal proceeding
or exercises his or her rights with respect to any violation
committed by the employer.
Section 7.5 of this bill provides certain exceptions to the
preceding prohibitions, including, without limitation, an
exception for circumstances in which the information
contained in the consumer credit report or other credit
information is reasonably related to the position of
employment.
NACCA Legislative Overview 2013
Slide 175
SB 127
Section 8 of this bill establishes the civil remedies available
to a person affected by a violation committed by an
employer, including employment of a prospective employee,
reinstatement or promotion of an employee, payment of lost
wages and benefits and the award of reasonable costs and
attorney’s fees.
Section 9 of this bill authorizes the Labor Commissioner to
impose an administrative penalty against an employer for
each violation and to bring a civil action against the
employer.
NACCA Legislative Overview 2013
Slide 176
SB 127
Sec. 7. Except as otherwise provided in section 7.5 of this
act, it is unlawful for any employer in this State to:
1. Directly or indirectly, require, request, suggest or cause
any employee or prospective employee to submit a
consumer credit report or other credit information as a
condition of employment;
2. Use, accept, refer to or inquire concerning a consumer
credit report or other credit information;
NACCA Legislative Overview 2013
Slide 177
SB 127
3. Discharge, discipline, discriminate against in any
manner or deny employment or promotion to, or threaten
to take any such action against any employee or
prospective employee:
(a) Who refuses, declines or fails to submit a consumer
credit report or other credit information; or
(b) On the basis of the results of a consumer credit report
or other credit information; or
NACCA Legislative Overview 2013
Slide 178
SB 127
4. Discharge, discipline, discriminate against in any manner or deny
employment or promotion to, or threaten to take any such action
against any employee or prospective employee who has:
(a) Filed any complaint or instituted or caused to be instituted any
legal proceeding pursuant to sections 2 to 9, inclusive, of this act;
(b) Testified or may testify in any legal proceeding instituted pursuant
to sections 2 to 9, inclusive, of this act; or
(c) Exercised his or her rights, or has exercised on behalf of another
person the rights afforded to him or her pursuant to sections 2 to 9,
inclusive, of this act.
NACCA Legislative Overview 2013
Slide 179
SB 127
Sec. 7.5. An employer may request or consider a consumer
credit report or other credit information for the purpose of
evaluating an employee or prospective employee for
employment, promotion, reassignment or retention as an
employee if:
1. The employer is required or authorized, pursuant to
state or federal law, to use a consumer credit report or
other credit information for that purpose;
2. The employer reasonably believes that the employee or
prospective employee has engaged in specific activity
which may constitute a violation of state or federal law; or
NACCA Legislative Overview 2013
Slide 180
SB 127
3. The information contained in the consumer credit report or other
credit information is reasonably related to the position for which the
employee or prospective employee is being evaluated for employment,
promotion, reassignment or retention as an employee.
The information in the consumer credit report or other credit
information shall be deemed reasonably related to such an evaluation
if the duties of the position involve:
(a) The care, custody and handling of, or responsibility for,
money, financial accounts, corporate credit or debit cards, or
other assets;
(b) Access to trade secrets or other proprietary or confidential
information;
NACCA Legislative Overview 2013
Slide 181
SB 127
(c) Managerial or supervisory responsibility;
(d) The direct exercise of law enforcement authority as an
employee of a state or local law enforcement agency;
(e) The care, custody and handling of, or responsibility for,
the personal information of another person;
(f) Access to the personal financial information of another
person;
(g) Employment with a financial institution that is
chartered under state or federal law, including a
subsidiary or affiliate of such a financial institution; or
(h) Employment with a licensed gaming establishment. . . .
NACCA Legislative Overview 2013
Slide 182
SB 127
Sec. 8. 1. An employer who violates the provisions of sections 2 to 9,
inclusive, of this act is liable to the employee or prospective employee
affected by the violation. The employer is liable for any legal or
equitable relief as may be appropriate, including employment of a
prospective employee, reinstatement or promotion of an employee and
the payment of lost wages and benefits.
2. An action to recover the liability pursuant to subsection 1 may be
maintained against the employer by an employee or prospective
employee:
(a) For or on behalf of the employee or prospective employee; and
(b) On behalf of other employees or prospective employees similarly
situated.
NACCA Legislative Overview 2013
Slide 183
SB 127
An action must not be commenced pursuant to
this section more than 3 years after the date of the
alleged violation.
3. In any action brought pursuant to this section,
the court, in its discretion, may allow the
prevailing party reasonable costs, including
attorney’s fees.
NACCA Legislative Overview 2013
Slide 184
SB 127
Sec. 9. 1. If any person violates sections 2 to 9, inclusive, of
this act, the Labor Commissioner may impose against the
person an administrative penalty of not more than $9,000
for each such violation.
2. In determining the amount of any administrative penalty
to be imposed against the person, the Labor Commissioner
shall consider the previous record of the person in terms of
compliance with sections 2 to 9, inclusive, of this act and
the severity of the violation. Any administrative penalty
imposed against the person is in addition to any other
remedy or penalty provided pursuant to this act.
NACCA Legislative Overview 2013
Slide 185
SB 127
3. The Labor Commissioner may bring a civil action
pursuant to this section to restrain violations of sections 2
to 9, inclusive, of this act.
A court of competent jurisdiction may issue, without bond,
a temporary or permanent restraining order or injunction
to require compliance with sections 2 to 9, inclusive, of this
act, including any legal or equitable relief incident thereto
as may be appropriate, such as employment of a
prospective employee, reinstatement or promotion of an
employee, and the payment of lost wages and benefits.
NACCA Legislative Overview 2013
Slide 186
SB 142
(Effective on 7/1/13)
Section 3 of this bill requires the Office of Energy
to:
(1) Provide local governments with information and
educational resources relating to operating costsavings measures and performance contracts;
and
(2) Include on the Internet website maintained by
the Office, if any, information and educational
resources relating to operating cost-savings
measures and performance contracts.
NACCA Legislative Overview 2013
Slide 187
SB 142
Additionally, section 3 authorizes the Office of Energy to
provide a local government, upon request, with support
relating to operating cost-savings measures and to charge
and collect a fee from the local government for the provision
of such support.
Section 3 creates an account administered by the Director of
the Office of Energy into which such fees must be deposited.
Section 3 also provides that a local government may include
in a performance contract the costs of any such fees charged
by the Office of Energy.
NACCA Legislative Overview 2013
Slide 188
SB 142
Section 4.5 of this bill authorizes a local
government, in lieu of retaining the
professional services of a third-party
consultant, to enter into a contract with the
Office of Energy to assist the local
government in evaluating certain proposals
and presentations by qualified service
companies relating to performance contracts.
NACCA Legislative Overview 2013
Slide 189
SB 208
(Effective on 10/1/13)
Existing law defines “police officer” to include
various law enforcement officers in this State for
purposes of certain provisions relating to the
Nevada Occupational Diseases Act. (NRS 617.135)
This bill expands the definition of “police officer”
to include court bailiffs and deputy marshals in
district courts and justice courts.
NACCA Legislative Overview 2013
Slide 190
SB 208
Furthermore, because various other provisions of NRS reference “police
officer” as that term is defined in the Act, this bill makes applicable to
court bailiffs and deputy marshals in district courts and justice courts
certain provisions concerning:
(1) Industrial insurance coverage;
(2) Exemption from service as grand or trial jurors;
(3) Compensation for police officers with temporary
disabilities; and
(4) Certain programs of group insurance or other medical or
hospital service for the surviving spouse or any child of police
officers and firefighters. (NRS 6.020, 281.153, 287.021,
287.0477, chapters 616A-616D of NRS)
NACCA Legislative Overview 2013
Slide 191
SB 208
NRS 617.135:
“Police officer” includes:
16. A bailiff or a deputy marshal of the
district court or justice court whose
duties require him or her to carry a
weapon and to make arrests.
NACCA Legislative Overview 2013
Slide 192
SB 228
(Effective on Various Dates)
This bill makes various changes to provisions relating to
public officers and employees and the administration of the
Nevada Ethics in Government Law by the Commission on
Ethics. (Chapter 281A of NRS)
Sections 18-24 and 30-32.5 of this bill enact and revise
various definitions in the Ethics Law. Section 19 revises and
makes applicable throughout the Ethics Law the existing
definition of “commitment in a private capacity to the
interests of others” in NRS 281A.420.
NACCA Legislative Overview 2013
Slide 193
SB 228
Section 23 defines “pecuniary interest” for the
Ethics Law, and sections 40.3, 41 and 42.5 of this
bill require proof of a significant personal or
pecuniary interest in defining various types of
ethical conflicts, so that a de minimis or
insignificant personal or pecuniary interest does not
create a conflict of interest, require disqualification
or abstention, or provide just or sufficient cause for
an ethics investigation or violation. (NRS
281A.400, 281A.420, 281A.430)
NACCA Legislative Overview 2013
Slide 194
SB 228
Section 25 of this bill enacts provisions for computing
periods of time prescribed or allowed under the Ethics Law.
Section 27.3 of this bill requires the Commission, when
disposing of a request for an opinion by stipulation, agreed
settlement or consent order, to treat comparable situations in
a comparable manner and ensure that the disposition of a
request for an opinion bears a reasonable relationship to the
severity of the violation or alleged violation of the Ethics
Law.
NACCA Legislative Overview 2013
Slide 195
SB 228
Section 27.5 of this bill requires the Commission to consider
various aggravating and mitigating factors when
determining whether a violation of the Ethics Law is a
willful violation and, if so, the amount of any civil penalty to
be imposed for such a willful violation of the Ethics Law.
Section 27.5 also requires the Commission, when applying
these factors, to treat comparable situations in a comparable
manner and to ensure that the disposition of the matter bears
a reasonable relationship to the severity of the violation.
NACCA Legislative Overview 2013
Slide 196
SB 228
Section 38 of this bill directs public officers and employees
who request the issuance of a subpoena on their behalf in
ethics proceedings to serve the subpoena in the manner
provided in the Nevada Rules of Civil Procedure and to pay
the costs of such service. (NRS 281A.300)
Sections 40.3-44 of this bill make various changes to
provisions in the Ethics Law, including provisions relating
to conflicts of interests for public officers and employees,
disclosures and abstentions, the rendering of opinions and
conduct of investigations by the Commission and the duties
of specialized and local ethics committees. (NRS 281A.400,
281A.410, 281A.420, 281A.430, 281A.440, 281A.470)
NACCA Legislative Overview 2013
Slide 197
SB 228
With certain exceptions, the Ethics Law prohibits a
public officer or employee from bidding on or
entering into a contract between a governmental
agency and any business entity in which the public
officer or employee has a significant pecuniary
interest.
Section 42.5 allows the Commission to provide a
public officer or employee with relief from strict
application of the prohibition if certain conditions
are met. (NRS 281A.430)
NACCA Legislative Overview 2013
Slide 198
SB 228
Sections 16.3, 16.5 and 57-61 of this bill make conforming
changes to other provisions of existing law that restrict
various public officers and employees from being personally
interested in or benefiting from a contract with a
governmental agency. (NRS 245.075, 268.384, 269.071,
269.072, 281.221, 281.230, 332.800)
Section 46 of this bill provides new requirements relating to
informing, educating and instructing public officers and
employees concerning the statutory ethical standards and the
duties of public officers and employees under the Ethics
Law. (NRS 281A.500)
NACCA Legislative Overview 2013
Slide 199
SB 228
Section 45 of this bill revises the “safe harbor” provision of
the Ethics Law to provide that a public officer or employee
does not commit a willful violation if:
(1) The public officer or employee relied in good faith upon
the advice of the legal counsel retained by his or her
public body, agency or employer; and
(2) His or her act or failure to act was not contrary to a prior
published opinion issued by the Commission. (NRS
281A.480)
NACCA Legislative Overview 2013
Slide 200
SB 228
Sec. 27.5. 1. In determining whether a violation of this
chapter is a willful violation and, if so, the amount of any
civil penalty to be imposed on a public officer or employee
or former public officer or employee pursuant to NRS
281A.480, the Commission shall consider:
(a) The seriousness of the violation, including, without
limitation, the nature, circumstances, extent and gravity of
the violation;
(b) The number and history of previous warnings issued to
or violations of the provisions of this chapter by the public
officer or employee;
NACCA Legislative Overview 2013
Slide 201
SB 228
(c) The cost to the Commission to conduct the investigation and any
hearing relating to the violation;
(d) Any mitigating factors, including, without limitation, any selfreporting, prompt correction of the violation, any attempts to rectify the
violation before any complaint is filed and any cooperation by the
public officer or employee in resolving the complaint;
(e) Any restitution or reimbursement paid to parties affected by the
violation;
(f) The extent of any financial gain resulting from the violation; and
(g) Any other matter justice may require.
2. In applying the factors set forth in this section, the Commission
shall treat comparable situations in a comparable manner and shall
ensure that the disposition of the matter bears a reasonable
relationship to the severity of the violation.
NACCA Legislative Overview 2013
Slide 202
SB 419
(Effective on 10/1/13)
Section 16 of this bill amends the Justice
Court fee statute (NRS 4.060) and increases
from $50 to $75 the fee which a justice of the
peace shall charge for performing a marriage.
“(j) For celebrating a marriage and returning the
certificate to the county recorder or county clerk .....
[$50.00] $75.00”
NACCA Legislative Overview 2013
Slide 203
SB 419
Existing law provides for the performance of
marriages by commissioners of civil
marriage in certain counties. (NRS 122.173122.193)
Section 13 of this bill increases from $45 to
$70 the fee charged by the commissioner of
civil marriages or a deputy commissioner for
the solemnization of a marriage.
NACCA Legislative Overview 2013
Slide 204
SB 419
Section 4 of this bill authorizes certain
notaries public to perform a marriage after
obtaining a certificate of permission to
perform marriages from a county clerk.
Section 17 of this bill authorizes a notary
public to collect a fee of not more than $75
for performing a marriage ceremony.
NACCA Legislative Overview 2013
Slide 205
SB 463
(Effective on 1/1/15 if SJR 14 is approved by the voters)
Senate Joint Resolution No. 14 of the 2011
Legislative Session proposes an amendment to the
Nevada Constitution to create an intermediate
appellate court, known as the Court of Appeals.
If the Resolution is approved by the Legislature
during the 2013 Legislative Session and ratified by
the voters at the 2014 election, the Court of Appeals
will consist of three judges, but the Legislature may
by law increase the number of judges.
NACCA Legislative Overview 2013
Slide 206
SB 463
The initial three judges must be appointed by the
Governor from among three nominees for each seat
chosen by the Commission on Judicial Selection.
These initial judges will be appointed for a term of
2 years beginning on the first Monday of January of
the year following the effective date of the
constitutional amendment. After the initial terms,
the judges of the Court of Appeals will be elected at
the general election to serve a term of 6 years.
NACCA Legislative Overview 2013
Slide 207
SB 463
The Court of Appeals will have appellate
jurisdiction in civil cases arising in district courts
and in criminal cases within the original jurisdiction
of the district courts.
The Nevada Supreme Court must fix the
jurisdiction of the Court of Appeals by rule and
provide for the review of appeals decided by the
Court of Appeals.
NACCA Legislative Overview 2013
Slide 208
SB 463
In addition, the Nevada Supreme Court must
provide by rule for the assignment of one or more
judges of the Court of Appeals to devote a part of
their time to serve as supplemental district judges,
where needed.
This lengthy bill provides for the implementation of
the Court of Appeals pursuant to the provisions of
Senate Joint Resolution No. 14 of the 2011
Legislative Session.
NACCA Legislative Overview 2013
Slide 209
SB 1—Special Session
(Effective on 6/13/13 and expires by limitation 10/1/25)
Existing law authorizes the Board of County Commissioners
of Clark County to impose a sales and use tax in Clark
County of one-quarter of 1 percent to employ and equip
additional police officers for the Boulder City Police
Department, Henderson Police Department, Las Vegas
Metropolitan Police Department, Mesquite Police
Department and North Las Vegas Police Department, and
allows the imposition of an increase in that tax of not more
than one-quarter of 1 percent if the date on which the
increased rate is first imposed is on or after October 1, 2009,
and if the Legislature first approves the increased rate.
(Clark County Sales and Use Tax Act of 2005)
NACCA Legislative Overview 2013
Slide 210
SB 1—Special Session
Section 3 of this bill provides the legislative approval
required for the imposition of an increase in that tax of not
more than fifteen-hundredths of 1 percent on or after
October 1, 2013, if the increase is approved by two-thirds of
the members of the Board of County Commissioners of
Clark County and if the increased rate is first imposed
before July 1, 2016.
Section 3.5 of this bill imposes conditions on allotments to
police departments of the proceeds of the increase in the tax.
NACCA Legislative Overview 2013
Slide 211
SB 1—Special Session
Section 3.7 of this bill imposes conditions on the
use by police departments of the proceeds of the
increase in the tax, authorizes the Committee on
Local Government Finance to grant waivers of
those conditions and requires the Committee to
submit annual reports to the Legislative
Commission concerning any waivers granted by the
Committee.
NACCA Legislative Overview 2013
Slide 212
SB 1—Special Session
Section 1 of this bill amends the Clark County Sales and Use Tax Act of
2005 to suspend temporarily certain provisions of the Act which require
a governing body to approve expenditures by a police department of
proceeds received from the taxes imposed pursuant to the Act if the
governing body determines that the proposed expenditure will not
replace or supplant existing funding for the police department.
Section 1 also requires that certain periodic reports required by the Act
include a separate detailed description of any expenditures as a result of
the temporary suspension of those provisions of the Act. Additionally,
section 1 requires that a copy of the separate detailed description be
submitted to the Director of the Legislative Counsel Bureau for
transmittal to the Interim Finance Committee.
Section 2 of this bill amends the Act to specify the method for
calculating the base fiscal year for certain purposes of the Act.
NACCA Legislative Overview 2013
Slide 213
CRIMINAL
PENALTIES
(begins at Slide ___)
NACCA Legislative Overview 2013
214
AB 10
(Effective on 6/1/13)
Existing law provides that it is unlawful for a person to use
or possess with the intent to use, or to assist another person
in using or possessing with the intent to use, certain devices
to obtain an advantage at playing any game in a licensed
gaming establishment. (NRS 465.075)
Section 1 of this bill: (1) adds software or hardware, or any
combination thereof, to the list of prohibited devices; (2)
provides that the prohibition applies to any game that is
offered by a licensee or affiliate; and (3) removes the
definition of the term “advantage.”
NACCA Legislative Overview 2013
Slide 215
AB 39
(Effective on 10/1/13)
Makes various changes concerning the sale, transfer
or acquisition of certain products that are precursors
to methamphetamine.
Section 3:
5. Failure of a person to use the real-time,
stop sale system as required pursuant to this
section is a misdemeanor punishable by a
fine of not more than $1,000.
NACCA Legislative Overview 2013
Slide 216
AB 48
(Effective on 7/1/13)
Section 1 of this bill provides that a person is
guilty of a category D felony if the person:
(1) is not a qualified elector and votes
or attempts to vote knowing that fact;
or
(2) votes or attempts to vote using the
name of another person.
NACCA Legislative Overview 2013
Slide 217
AB 55
(Effective on 10/1/13)
Existing law provides for additional penalties to be imposed
for certain crimes that are committed against persons 60
years of age or older or against vulnerable persons.
The term “vulnerable persons” is defined for the purposes of
this section to mean adults with certain physical or mental
limitations. (NRS 193.167)
This bill adds an attempt or conspiracy to commit certain
crimes to that list.
NACCA Legislative Overview 2013
Slide 218
AB 67
(Effective on 7/1/13)
This detailed bill amends various provisions
relating to the crimes of pandering, involuntary
servitude and trafficking in persons.
Examples:
Section 30 increases the penalty for conspiracy to commit
sex trafficking, involuntary servitude or trafficking in
persons, and section 46 adds involuntary servitude and
trafficking in persons to the list of crimes constituting
racketeering activity.
NACCA Legislative Overview 2013
Slide 219
AB 67
Sections 41-44 create the crime of sex trafficking, set forth
the actions constituting the crimes of pandering and sex
trafficking, and provide the terms of imprisonment and fines
that must be imposed against a person convicted of
pandering or sex trafficking.
Section 42 further provides that a court may not grant
probation to, or suspend the sentence of, a person convicted
of sex trafficking and that certain defenses are not available
in a prosecution for pandering or sex trafficking.
NACCA Legislative Overview 2013
Slide 220
AB 67
Sections 32, 33 and 40 require a court to order a person
convicted of sex trafficking, involuntary servitude or
trafficking in persons to pay restitution to the victim of the
crime.
Section 47 authorizes victims of sex trafficking to obtain
compensation from the Fund for Compensation of Victims
of Crime.
NACCA Legislative Overview 2013
Slide 221
AB 67
Section 48 prohibits the consideration of certain
contributory conduct of a victim when considering
compensation for a victim of sex trafficking.
Finally, section 1 authorizes a victim of sex
trafficking, involuntary servitude or trafficking in
persons to bring a civil action (in District Court)
against any person who caused, was responsible for
or profited from the sex trafficking, involuntary
servitude or trafficking in persons.
NACCA Legislative Overview 2013
Slide 222
AB 67
Section 25 authorizes law enforcement agencies to intercept
wire and oral communications during an investigation of sex
trafficking, involuntary servitude and trafficking in persons
upon compliance with existing law governing the
interception of wire and oral communications by law
enforcement agencies.
Sections 4-6 provide that the provisions governing the
statute of limitations for sex trafficking are the same as the
provisions governing the statute of limitations for sexual
assault.
NACCA Legislative Overview 2013
Slide 223
AB 67
Sections 34-39 and 49-51 provide that certain information
relating to a victim of sex trafficking must be kept
confidential.
Sections 10.3 and 10.7 of this bill authorize the taking and
use at trial of videotaped depositions of victims of sex
trafficking in certain circumstances.
NACCA Legislative Overview 2013
Slide 224
AB 67
Existing law provides that a person convicted of pandering a
child is required to register as an offender convicted of a
crime against a child and is a Tier II offender for the
purposes of offender registration and community
notification. (NRS 179D.0357, 179D.115)
Section 27 of this bill provides that a person convicted of
sex trafficking an adult is required to register as a sex
offender and is a Tier I offender for the purposes of sex
offender registration and community notification.
NACCA Legislative Overview 2013
Slide 225
AB 67
Section 40.3 of this bill gives the Attorney
General and the district attorneys of the
counties in this State concurrent jurisdiction
to prosecute crimes involving pandering, sex
trafficking and living from the earnings of a
prostitute.
NACCA Legislative Overview 2013
Slide 226
AB 74
(Effective on 3/1/14)
This bill provides detailed regulations for
“document preparation services.”
Section 4 of this bill defines a “document preparation
service” as any person who, for compensation and at the
direction of a client, provides assistance to the client in a
legal matter, including, without limitation, preparing or
completing a pleading or other document for the client or
securing supporting documents.
NACCA Legislative Overview 2013
Slide 227
AB 74
Section 4 excludes from this definition, among others:
(1) An attorney authorized to practice law in this State, or an
employee of such an attorney who is paid directly by the
attorney or law firm with whom the attorney is
associated and who is acting in the course and scope of
that employment;
(2) A governmental entity or an employee of such an entity;
(3) Certain legal aid offices and lawyer referral services.
NACCA Legislative Overview 2013
Slide 228
AB 74
Sections 7 and 8 of this bill provide that any person wishing
to engage in the business of a document preparation service
must register with the Secretary of State and renew that
registration annually.
Section 7 establishes certain qualifications for registration
and provides for the disqualification of any person who has
been convicted of certain criminal offenses or has been
adjudged to have engaged in certain kinds of misconduct.
NACCA Legislative Overview 2013
Slide 229
AB 74
Sec. 25. 1. A person who willfully violates a
provision of this chapter or a regulation or
order adopted or issued pursuant thereto:
NACCA Legislative Overview 2013
Slide 230
AB 74
(a) For the first offense within the immediately
preceding 5 years, is guilty of a misdemeanor.
(b) For a second or subsequent offense within the
immediately preceding 5 years, is guilty of a gross
misdemeanor and shall be punished by
imprisonment in the county jail for not more than 1
year, or by a fine of not more than $10,000, or by
both fine and imprisonment.
NACCA Legislative Overview 2013
Slide 231
AB 74
2. In addition to the penalties prescribed by
subsection 1, the court may order a person
described in that subsection to pay
restitution to any person who has suffered a
pecuniary loss as a result of the violation.
NACCA Legislative Overview 2013
Slide 232
AB 74
Sec. 26. Notwithstanding the provisions of sections 22 to 25,a
inclusive, of this act, any person who suffers a pecuniary loss as a
result of a violation of this chapter or a regulation or order adopted or
issued pursuant thereto by a registrant or other person may bring an
action against that person in any court of competent jurisdiction and
may recover the sum of $500 or twice the amount of the pecuniary loss
sustained, whichever is greater.
If the court determines that the plaintiff is the prevailing party in an
action brought pursuant to this section, the court shall award the
plaintiff the costs of suit and reasonable attorney’s fees incurred in the
action.
NACCA Legislative Overview 2013
Slide 233
AB 102
(Effective on 10/1/13)
This bill replaces the crime of participation in an
“organized retail theft ring” with the crime of
“organized retail theft” and provides that such a
crime may be committed by one or more persons
who conduct a series of thefts of retail merchandise
at one or more merchants in this State with the
intent to return the merchandise for value or resell,
trade or barter the merchandise for value.
NACCA Legislative Overview 2013
Slide 234
AB 116
(Effective on 10/1/13)
Prior law provided that anyone who was not the
husband or wife, brother or sister, parent or
grandparent, child or grandchild of an offender and
who harbored, concealed or aided the offender after
the commission of a crime was an accessory to the
crime. (NRS 195.030)
Section 1 of this bill removes every person other
than the spouse or domestic partner from that
exception if the crime is a felony.
NACCA Legislative Overview 2013
Slide 235
AB 116
Section 1 also revises the acts which constitute
being an accessory to a felony after the commission
of the felony by specifically stating that a person
acts as an accessory to a felony if he or she destroys
or conceals, or aids in the destruction or
concealment of, material evidence, or harbors or
conceals the offender.
NACCA Legislative Overview 2013
Slide 236
AB 116
Prior law provided that an accessory to a felony was
guilty of a category C felony. (NRS 195.040)
Section 2 of this bill revises this penalty to provide
that a person who harbors, conceals or aids the
offender after the commission of a felony and who
is the brother or sister, parent or grandparent, child
or grandchild of the offender is guilty of a gross
misdemeanor.
NACCA Legislative Overview 2013
Slide 237
AB 127
(Effective on 10/1/13)
Existing law requires the Nevada Gaming
Commission to establish by a regulation certain
provisions authorizing the licensing and operation
of interactive gaming. (NRS 463.750)
This bill authorizes the Commission, with the
advice and assistance of the State Gaming Control
Board, to adopt a seal for its use to identify certain
licensees of interactive gaming.
NACCA Legislative Overview 2013
Slide 238
AB 127
This bill further provides that any
unauthorized use of the seal is a gross
misdemeanor and imposes a civil penalty for
any such unauthorized use.
4. A person shall not use, copy or reproduce the seal in any
way not authorized by this chapter or the regulations of the
Commission. Except under circumstances where a greater
penalty is provided in NRS 205.175, a person who violates
this subsection is guilty of a gross misdemeanor.
NACCA Legislative Overview 2013
Slide 239
AB 127
5. A person convicted of violating
subsection 4 is, in addition to any criminal
penalty imposed, liable for a civil penalty
upon each such conviction.
A court before whom a defendant is
convicted of a violation of subsection 4
shall, for each violation, order the
defendant to pay a civil penalty of $5,000.
NACCA Legislative Overview 2013
Slide 240
AB 127
The money so collected:
(a) Must not be deducted from any
penal fine imposed by the court;
(b) Must be stated separately on the
court’s docket; and
(c) Must be remitted forthwith to the
Commission.
NACCA Legislative Overview 2013
Slide 241
AB 146
(Effective on 10/1/13)
Section 2 of this bill establishes the crime of
holding a minor in involuntary servitude and
provides that a person who holds a minor in
involuntary servitude is guilty of a Category A
felony and is punished by life imprisonment with
the possibility of parole when a minimum of 15
years has been served.
NACCA Legislative Overview 2013
Slide 242
AB 146
This bill provides that a person found guilty
of holding a minor in involuntary servitude is
subject to the greater penalty for that crime if
the act of holding the minor in involuntary
servitude could subject the person to a lesser
punishment under another statute.
NACCA Legislative Overview 2013
Slide 243
AB 146
This bill adds references to section 2 so that
the crime of holding a minor in involuntary
servitude is treated the same as the crime of
holding a person in involuntary servitude for
certain purposes,
including, without limitation, the habitual
felon statute and civil forfeiture.
NACCA Legislative Overview 2013
Slide 244
AB 146
Section 13 of this bill adds the crime of holding a
minor in involuntary servitude to the list of offenses
that constitute a crime against a child,
thereby requiring a person convicted of holding a
minor in involuntary servitude to register with law
enforcement as an offender convicted of a crime
against a child.
NACCA Legislative Overview 2013
Slide 245
AB 146
Note:
4. Nothing in this section shall be
construed to prohibit a parent or
guardian of a child from requiring his
or her child to perform common
household chores under the threat of
the reasonable exercise of discipline
by the parent or guardian of the child.
NACCA Legislative Overview 2013
Slide 246
AB 155
(Effective on 10/1/13)
Under existing law, a failure to report the abuse or
neglect of a child by a person with a duty to report
the abuse or neglect is punishable as a
misdemeanor. (NRS 432B.240)
Section 3 of this bill provides that a first violation
of the duty to report is punishable as a
misdemeanor, and any subsequent violation is
punishable as a gross misdemeanor.
NACCA Legislative Overview 2013
Slide 247
AB 155
Sec. 1.7. 1. Notwithstanding the provisions of NRS
432B.220, an attorney shall not make a report of
the abuse or neglect of a child if the attorney
acquired knowledge of the abuse or neglect from a
client during a privileged communication if the
client:
(a) Has been or may be accused of committing the
abuse or neglect; or
(b) Is the victim of the abuse or neglect, is in
foster care and did not give consent to the attorney
to report the abuse or neglect.
NACCA Legislative Overview 2013
Slide 248
AB 155
2. Nothing in this section shall be construed as
relieving an attorney from . . . [c]omplying with
any ethical duties of attorneys as set forth in the
Nevada Rules of Professional Conduct, including,
without limitation, any duty to take reasonably
necessary actions to protect the client of the
attorney if the client is not capable of making
adequately considered decisions because of age,
mental impairment or any other reason.
NACCA Legislative Overview 2013
Slide 249
AB 155
Such actions may include, without
limitation, consulting with other persons
who may take actions to protect the client
and, when appropriate, seeking the
appointment of a guardian ad litem,
conservator or guardian.
NACCA Legislative Overview 2013
Slide 250
AB 155
Under existing law, a parent may voluntarily leave
a child who is not more than 30 days old with a
provider of emergency services under certain
circumstances, thereby presumably abandoning the
child. That law is commonly referred to as
Nevada’s “Safe Haven Law.” (NRS 432B.630)
NACCA Legislative Overview 2013
Slide 251
AB 155
Section 4 of this bill expands the definition
of “provider of emergency services” to
include a volunteer fire department and any
ambulance service holding a permit issued in
this State.
NACCA Legislative Overview 2013
Slide 252
AB 212
(Effective on 10/1/13)
4. A prisoner confined in a jail or any other place
where such prisoners are authorized to be or are
assigned by the sheriff, chief of police or other
officer responsible for the operation of the jail,
shall not, without lawful authorization, possess or
have in his or her custody or control a portable
telecommunications device.
NACCA Legislative Overview 2013
Slide 253
AB 212
A prisoner who violates this subsection and who is
in lawful custody or confinement for a charge,
conviction or sentence for:
(a) A felony is guilty of a category D felony
and shall be punished as provided in NRS
193.130.
(b) A gross misdemeanor is guilty of a gross
misdemeanor.
(c) A misdemeanor is guilty of a
misdemeanor.
NACCA Legislative Overview 2013
Slide 254
AB 212
This bill also authorizes a person who was
convicted of possessing a portable
telecommunications device in a jail, branch county
jail or other local detention facility to request a
modification of his or her sentence
if the underlying charge for which the person was in
lawful custody or confinement has been reduced,
declined for prosecution or dismissed.
NACCA Legislative Overview 2013
Slide 255
AB 246
(Effective on 10/1/13)
This bill provides that a person who sells,
attempts to sell, offers for adoption or
transfers ownership of a live animal at a
swap meet is guilty of a misdemeanor.
NACCA Legislative Overview 2013
Slide 256
AB 246
This bill provides an exception for selling, attempting to sell, offering for
adoption or transferring ownership if:
(1) the swap meet is conducted in a county or incorporated city in this
State which has adopted an ordinance authorizing the sale of a live
animal at a swap meet;
(2) the person sells, attempts to sell, offers for adoption or transfers
ownership of the animal in accordance with the ordinance; and
(3) the ordinance adopted by the county or incorporated city is
substantially similar to those provisions of existing law, but is
applicable to all animals for sale and all persons who sell, attempt to
sell, or offer for adoption or transfer ownership of an animal at a
swap meet.
NACCA Legislative Overview 2013
Slide 257
AB 246
This bill does not apply to:
(1) The transfer or sale of livestock;
(2) Any event where the primary
purpose is to sell or auction livestock or
agricultural implements;
NACCA Legislative Overview 2013
Slide 258
AB 246
(3) The adoption of a cat or dog at an event
held outdoors by an animal shelter or rescue
organization that is recognized as exempt
under section 501(c)(3) of the Internal
Revenue Code; or
(4) A person who offers an animal for
adoption or otherwise transfers ownership of
an animal free of charge at a swap meet if the
animal has been appropriately vaccinated.
NACCA Legislative Overview 2013
Slide 259
AB 264
(Effective on 10/1/13)
Existing law makes it unlawful for a person, other than an
authorized agent of the Department of Agriculture, to take
up and retain possession of or feed any estray or feral
livestock. Under existing law, a person is not cited or
charged criminally for the first violation of the prohibition
against feeding an estray or feral livestock, but instead
receives a warning. (NRS 569.040)
Section 5 also makes a second or subsequent violation of
such an offense a gross misdemeanor.
NACCA Legislative Overview 2013
Slide 260
AB 264
Under prior law, a person who took up or retained
possession of any estray or feral livestock which
was not his or her property and without the owner’s
consent was guilty of a misdemeanor. (NRS
569.130)
Section 8 of this bill increases the penalty for that
violation from a misdemeanor to a gross
misdemeanor.
NACCA Legislative Overview 2013
Slide 261
AB 286
(Effective on 10/1/13)
Sections 11 and 12 of this bill provide that, in a
county whose population is 100,000 or more
(currently Clark and Washoe Counties),
if a special event is projected to be attended by
2,500 or more persons but less than 50,000 persons
at the same time, the host organization of the
special event is required to provide certain medical
personnel and emergency medical services if certain
factors apply to the special event.
NACCA Legislative Overview 2013
Slide 262
AB 286
Section 13 of this bill requires that in all
counties where a special event is projected to
be attended by 50,000 or more persons at the
same time, the host organization shall
comply with the requirements for the
provision of first-aid stations, dedicated
advanced life support ambulances and certain
medical personnel.
NACCA Legislative Overview 2013
Slide 263
AB 286
Existing law provides that a violation of the
provisions which govern emergency medical
services is a misdemeanor.
This penalty is applicable to a violation of the
provisions of Sections 11-13.
NACCA Legislative Overview 2013
Slide 264
AB 341
(Effective on 10/1/13)
Sec. 27.
(Amends NRS 630A.590)
A person who:
...
3. Practices homeopathic medicine or practices as an advanced
practitioner of homeopathy or as a homeopathic assistant
under a false or assumed name; or
4. Except as otherwise provided in NRS 629.091, practices
homeopathic medicine or practices as an advanced
practitioner of homeopathy or as a homeopathic assistant
without being appropriately licensed or certified under this
chapter,
is guilty of a category D felony and shall be punished as provided in
NRS 193.130.
NACCA Legislative Overview 2013
Slide 265
AB 341
Sec. 28. (Amends NRS 630A.600)
Except as otherwise provided in NRS 629.091, a
person who practices homeopathic medicine or who
practices as an advanced practitioner of
homeopathy or as a homeopathic assistant without
[a] the appropriate license or certificate issued
pursuant to this chapter is guilty of a category D
felony and shall be punished as provided in NRS
193.130.
NACCA Legislative Overview 2013
Slide 266
AB 344
(Effective on 10/1/13)
Section 15 of this bill requires the State Board of
Health to adopt a Physician Order for LifeSustaining Treatment form (POLST form),
another type of advance directive which records the
wishes of a patient and directs any provider of
health care regarding the provision of liferesuscitating and life-sustaining treatment.
NACCA Legislative Overview 2013
Slide 267
AB 344
Under existing law, a provider of health care or a person
who administers emergency medical services is required to
comply with an advance directive or take reasonable
measures to transfer the patient to a provider of health care
willing to do so, and imposes a penalty for failure to do so.
(NRS 449.628, 449.660, 450B.550, 450B.580)
Sections 20 and 23 of this bill enact similar provisions with
regard to a POLST form.
NACCA Legislative Overview 2013
Slide 268
AB 344
Sec. 23. 1. It is unlawful for:
(a) A provider of health care to willfully fail to
transfer the care of a patient in accordance with
subsection 3 of section 20 of this act.
(b) A person to willfully conceal, cancel, deface or
obliterate a Physician Order for Life-Sustaining
Treatment form without the consent of the patient
who executed the form.
NACCA Legislative Overview 2013
Slide 269
AB 344
(c) A person to falsify or forge the POLST form of another
person, or willfully conceal or withhold personal
knowledge of the revocation of the POLST form of another
person, with the intent to cause the withholding or
withdrawal of emergency care or life-sustaining treatment
contrary to the wishes of the patient.
(d) A person to require or prohibit the execution of a
POLST form as a condition of being insured for, or
receiving, health care in violation of subsection 3 of
section 22 of this act.
(e) A person to coerce or fraudulently induce another to
execute a POLST form.
NACCA Legislative Overview 2013
Slide 270
AB 344
2. A person who violates any of the
provisions of this section is guilty of a
misdemeanor.
NACCA Legislative Overview 2013
Slide 271
AB 352
(Effective on 10/1/13)
Existing law provides that it constitutes a gross
misdemeanor for a person to manufacture,
purchase, possess, sell, advertise for sale or
transport a hoax bomb if the person knows or
should know that such actions would make another
person believe that the hoax bomb is an explosive
or incendiary device. (NRS 202.263)
NACCA Legislative Overview 2013
Slide 272
AB 352
This bill provides that to be guilty of such a crime a
person must have the intent to:
(1) Make a person believe that the hoax
bomb is an explosive or incendiary device;
(2) Cause alarm or reaction by an
officer, an employee or a volunteer of a
public safety agency; or
(3) Cause the evacuation of any private or
public building.
NACCA Legislative Overview 2013
Slide 273
AB 352
This bill further increases the penalty to a
category C felony if the person commits the
act in the furtherance of any other felony
or
to a category E felony if the act causes the
evacuation of any private or public building.
NACCA Legislative Overview 2013
Slide 274
AB 352
“HOAX BOMB” =
Anything that by its design, construction, content,
characteristics or representation appears to be or
to contain:
(1) An inoperative facsimile or imitation of
an explosive or incendiary device; or
(2) An explosive or incendiary device.
NACCA Legislative Overview 2013
Slide 275
AB 354
(Effective on Multiple Dates in 2014)
This bill prohibits the manufacture, sale or
distribution of:
(1) Certain bottles and cups which contain
intentionally added Bisphenol A (BPA) and are
intended primarily for use by certain children;
and
(2) Baby food and infant formula stored in any
container which contains intentionally added
BPA.
NACCA Legislative Overview 2013
Slide 276
AB 354
This bill enacts new statutes in NRS
Chapter 597 but provides no explicit penalty.
The violations in this bill will likely be
considered misdemeanors,
depending on where the statutes are codified
in Chapter 597.
NACCA Legislative Overview 2013
Slide 277
AB 377
(Effective on 7/1/13)
Existing law prohibits a person who is
employed in a position of authority or who
volunteers in a position of authority at a
public or private school from engaging in
sexual conduct with a pupil who is enrolled
in or attending the public school or private
school at which the person is employed or
volunteering. (NRS 201.540)
NACCA Legislative Overview 2013
Slide 278
AB 377
This bill expands that provision by
prohibiting a person who is or was
employed in a position of authority or who
volunteers or volunteered in a position of
authority at a public school or private school
from engaging in sexual conduct with a
pupil:
NACCA Legislative Overview 2013
Slide 279
AB 377
(1) who is or was enrolled in or
attending the public school or private
school at which the person is or was
employed or volunteering; or
(2) with whom the person has had
contact in the course of performing his
or her duties as an employee or
volunteer.
NACCA Legislative Overview 2013
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AB 377
Note:
The offenses are either Category C felonies
or Category B felonies,
depending on the specific facts involved.
NACCA Legislative Overview 2013
Slide 281
AB 377
A person is deemed to be or have been employed in a
position of authority by a public school or private school or
deemed to be or have been volunteering in a position of
authority at a public or private school if the person is or was
employed or volunteering as:
(a) A teacher or instructor;
(b) An administrator;
(c) A head or assistant coach; or
(d) A teacher’s aide (etc.).
4. The provisions of this bill do not apply to a person who is
married to the pupil.
NACCA Legislative Overview 2013
Slide 282
AB 395
(Effective on 10/1/13)
This bill:
(1) Prohibits certain persons within a commoninterest community from committing certain
acts against another person within that same
common-interest community; and
(2) Provides that committing any such act is a
misdemeanor.
NACCA Legislative Overview 2013
Slide 283
AB 395
Section 1. Chapter 116 of NRS is hereby amended
by adding thereto a new section to read as follows:
1. A community manager, an agent or employee of
the community manager, a member of the
executive board, an officer, employee or agent of
an association, a unit’s owner or a guest or tenant
of a unit’s owner shall not willfully and without
legal authority threaten, harass or otherwise
engage in a course of conduct. . . .
NACCA Legislative Overview 2013
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AB 395
against any other person who is the community
manager of his or her common-interest
community or an agent or employee of that
community manager, a member of the executive
board of his or her association, an officer,
employee or agent of his or her association,
another unit’s owner in his or her commoninterest community or a guest or tenant of a unit’s
owner in his or her common-interest community
which:
NACCA Legislative Overview 2013
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AB 395
(a) Causes harm or serious emotional
distress, or the reasonable
apprehension thereof, to that person;
or
(b) Creates a hostile environment for
that person.
2. A person who violates the provisions of
subsection 1 is guilty of a misdemeanor.
NACCA Legislative Overview 2013
Slide 286
AB 404
(Effective on 7/1/13)
• Detailed changes relating to time shares.
Sec. 50. NRS 119A.680 is hereby amended
to read as follows:
1. It is unlawful for any person to engage in
the business of, act in the capacity of,
advertise or assume to act as a:
NACCA Legislative Overview 2013
Slide 287
AB 404
(a) Project broker , a person who is
licensed pursuant to chapter 645 of
NRS or [sales agent] a time-share
resale broker within the State of
Nevada without first obtaining a license
from the Division pursuant to chapter
645 of NRS.
NACCA Legislative Overview 2013
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AB 404
(b) Sales agent for a project broker
within this State without first
obtaining a license from the Division
pursuant to NRS 119A.210, unless he
or she is licensed as a real estate
salesperson pursuant to chapter 645 of
NRS. . . .
2. Any person who violates subsection 1 is guilty of
a gross misdemeanor.
NACCA Legislative Overview 2013
Slide 289
AB 415
(Effective on 10/1/13)
Existing law provides that a person who enters
certain structures with the intent to commit grand or
petit larceny, assault or battery, any felony or to
obtain money by false pretenses is guilty of the
crime of burglary. (NRS 205.060)
Existing law also provides that a person commits
the crime of petit larceny if the person intentionally
steals, takes and carries, leads or drives away
certain goods or property. (NRS 205.240)
NACCA Legislative Overview 2013
Slide 290
AB 415
Section 1 of this bill removes the crime of petit
larceny from the underlying offenses which
constitute burglary if the petit larceny was intended
to be committed in a commercial establishment
during business hours and the person has not:
(1) twice previously been convicted of petit
larceny within the previous 7 years; or
(2) previously been convicted of a felony.
NACCA Legislative Overview 2013
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AB 415
5. The crime of burglary does not include the act
of entering a commercial establishment during
business hours with the intent to commit petit
larceny unless the person has previously been
convicted:
(a) Two or more times for committing petit
larceny within the immediately preceding 7
years; or
(b) Of a felony.
NACCA Legislative Overview 2013
Slide 292
AB 415
Existing law prohibits a person from lodging in any
building, structure or place without certain
permission. (NRS 207.030)
Section 1.5 of this bill further prohibits a person
from lodging in such a place if the property is the
subject of a notice of default and election to sell or
is placed on a registry of vacant, abandoned or
foreclosed property, unless the person is the owner,
tenant or otherwise entitled to possession of the
property.
NACCA Legislative Overview 2013
Slide 293
AB 415
Sec. 1.5. (Amends NRS 207.030)
1. It is unlawful to:
(g) Lodge in any building, structure or place,
whether public or private [, without]:
(1) Where a notice of default and election to
sell has been recorded, unless the person is
the owner, tenant or entitled to the
possession or control thereof;
NACCA Legislative Overview 2013
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AB 415
(2) Which has been placed on a registry of
vacant, abandoned or foreclosed property by
a local government, unless the person is the
owner, tenant or entitled to the
possession or control thereof; or
(3) Without the permission of the owner or
person entitled to the possession or in control
thereof.
NACCA Legislative Overview 2013
Slide 295
AB 424
(Effective on 1/1/14)
Section 2 of this bill authorizes the State Fire Marshal and
the Board to issue a written administrative citation if the
State Fire Marshal or the Board, based upon a
preponderance of the evidence, has reason to believe that a
person has violated any statute or regulation relating to the
State Fire Marshal.
Section 3 of this bill establishes the procedure by which a
person may contest an administrative citation.
NACCA Legislative Overview 2013
Slide 296
AB 424
Section 1. Chapter 477 of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 and 3 of
this act.
Sec. 2.
...
5. The sanctions authorized by subsection 2 are separate
from, and in addition to, any other remedy, civil or
criminal, authorized by this chapter.
NACCA Legislative Overview 2013
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AB 424
6. The failure of an unlicensed person to comply with a
citation or order after it is final is a misdemeanor.
If an unlicensed person does not pay an administrative
fine imposed pursuant to this section within 60 days after
the order of the State Fire Marshal or the Board becomes
final, the order may be executed upon in the same manner
as a judgment issued by a court.
NACCA Legislative Overview 2013
Slide 298
AB 424
Sec. 3. 1. A person who is issued a written citation
pursuant to section 2 of this act may contest the
citation within 15 business days after the date on
which the citation is served on the person.
...
NACCA Legislative Overview 2013
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AB 424
3. If a person does not contest a citation issued
pursuant to section 2 of this act within 15 business
days after the date on which the citation is served
on the person, or on or before such later date as
specified by the State Fire Marshal or the Board
pursuant to subsection 4, the citation shall be
deemed a final order of the State Fire Marshal or
the Board and not subject to review by any court
or agency.
NACCA Legislative Overview 2013
Slide 300
AB 424
3. If a person does not contest a citation issued
pursuant to section 2 of this act within 15 business
days after the date on which the citation is served
on the person, or on or before such later date as
specified by the State Fire Marshal or the Board
pursuant to subsection 4, the citation shall be
deemed a final order of the State Fire Marshal or
the Board and not subject to review by any court
or agency.
NACCA Legislative Overview 2013
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AB 424
4. The State Fire Marshal or the Board may, for good
cause shown, extend the time to contest a citation issued
pursuant to section 2 of this act.
5. For the purposes of this section, a citation shall be
deemed to have been served on a person on:
(a) The date on which the citation is personally
delivered to the person; or
(b) If the citation is mailed, the date on which the
citation is mailed by certified mail to the last known
business or residential address of the person.
NACCA Legislative Overview 2013
Slide 302
AB 447
(Effective on 7/1/13)
Existing law makes it unlawful for any
person, firm, corporation, association or
other entity, other than a public utility, to
sell, exhibit or offer for sale certain goods
and services or to erect, place, post or
maintain certain signs in any roadside park or
safety rest area in this State.
NACCA Legislative Overview 2013
Slide 303
AB 447
Under prior law, a person who violated that
provision, or any regulation adopted
governing roadside parks or safety rest areas,
was to be punished by a fine of not more than
$100 for a first offense and not more than
$500 for each subsequent offense.
(NRS 408.433)
NACCA Legislative Overview 2013
Slide 304
AB 447
Section 1 of this bill raises the limit on a fine
for a first such offense to not more than
$1,000,
and for each subsequent offense to not more
than $5,000.
NACCA Legislative Overview 2013
Slide 305
AB 447
Section 1. (Amends NRS 408.433):
1. [It] Except as otherwise provided in NRS 408.553, it is
unlawful for any person, firm, corporation, association or
other entity, other than a public utility, to:
(a) Sell, exhibit or offer for sale any goods, wares,
products, merchandise or services; or
(b) Erect, place, post or maintain any sign,
billboard, placard, notice or other form of
advertising,
in any roadside park or safety rest area in this state, or in the
approaches thereto.
NACCA Legislative Overview 2013
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AB 447
2. Any person who violates any provision of
this section or any regulation adopted under
this chapter governing roadside parks or
safety rest areas shall be punished by a fine
of not more than [$100] $1,000 for a first
offense
and not more than [$500] $5,000 for each
subsequent offense.
NACCA Legislative Overview 2013
Slide 307
AB 454
(Effective on 7/1/14)
Existing law, in relevant part, requires sellers of
new vehicles, long-term lessors of new vehicles,
sellers of used or rebuilt vehicles, and long-term
lessors of used or rebuilt vehicles, upon such sale or
lease, to furnish certain information to the
Department of Motor Vehicles and the buyer or
lessee, as applicable. (NRS 482.423-482.4245)
NACCA Legislative Overview 2013
Slide 308
AB 454
Sections 1-4 of this bill require such sellers
and lessors to furnish the necessary
information to the Department by way of
electronic transmission.
NACCA Legislative Overview 2013
Slide 309
AB 454
Under existing law, it is a gross misdemeanor for a person
to commit certain fraudulent acts with respect to certain
documents or security interests in vehicles, or to fail to
submit certain reports to the Department within a prescribed
time period. (NRS 482.436)
Section 5 of this bill removes the original of a seller’s or
lessor’s report of sale or lease from the list of documents
for which it is a crime to fail to submit the document to the
Department within a certain time period.
NACCA Legislative Overview 2013
Slide 310
AB 454
Sec. 5. NRS 482.436 is hereby amended to read as follows:
Any person is guilty of a gross misdemeanor who
knowingly:
...
3. Fails to submit or causes to not be submitted the [original
of the dealer’s or long-term lessor’s report of sale or lease,
together with the] certificate of title or certificate of
ownership issued for a used vehicle to the Department
within the time prescribed in subsection 3 of NRS 482.424
or, if a leased vehicle, subsection 2 of NRS 482.4235.
NACCA Legislative Overview 2013
Slide 311
SB 11
(Effective on 7/1/13)
This bill makes it unlawful for a person to
possess in Nevada any wildlife, as that term
is defined by the country or state of origin of
the wildlife, that was acquired, hunted, taken
or transported in violation of a law or
regulation of that country or state.
NACCA Legislative Overview 2013
Slide 312
SB 11
A person who violates this new prohibition:
(1) Is guilty of a misdemeanor punishable by a fine of not
less than $50 or more than $500, or by imprisonment in the
county jail for not more than 6 months, or by both;
(2) May be required to pay a civil penalty, the amount of
which is based upon the type of wildlife involved; and
(3) May be required to surrender all licenses issued to the
person under title 45 of NRS. (NRS 501.385, 501.3855,
501.387)
NACCA Legislative Overview 2013
Slide 313
SB 11
Section 1. Chapter 501 of NRS is hereby amended by
adding thereto a new section to read as follows:
1. It is unlawful for any person to possess in Nevada any
wildlife that was acquired, hunted, taken or transported
from another state or country in violation of any law or
regulation of that state or country.
2. As used in this section, “wildlife” has the meaning
ascribed to the term in the applicable law or regulation of
the state or country of its origin.
NACCA Legislative Overview 2013
Slide 314
SB 27
(Effective on 7/1/13)
Existing law establishes the crime of
unlawful solicitation of legal business and
provides that a person who commits this
crime is guilty of a misdemeanor. (NRS
Section 8.3 of this bill revises the acts which
constitute the crime of unlawful solicitation
of legal business.
NACCA Legislative Overview 2013
Slide 315
SB 27
Sec. 8.3. (Amends NRS 7.045)
Except as otherwise provided in this section, it shall be
unlawful for a person, in exchange for compensation, to
solicit a tort victim to employ, hire or retain any attorney at
law:
(a) At the scene of a traffic accident that may result in a
civil action; or
(b) At a county or city jail or detention facility.
2. It is unlawful for a person to conspire with another
person to commit an act which violates the provisions of
subsection 1.
NACCA Legislative Overview 2013
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SB 27
3. This section does not prohibit or restrict:
(a) A recommendation for the employment, hiring or
retention of an attorney at law in a manner that complies
with the Nevada Rules of Professional Conduct.
(b) The solicitation of motor vehicle repair or storage
services by a tow car operator.
(c) Any activity engaged in by police, fire or emergency
medical personnel acting in the normal course of duty.
NACCA Legislative Overview 2013
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SB 27
(d) A communication by a tort victim with the tort victim’s
insurer concerning the investigation of a claim or
settlement of a claim for property damage.
(e) Any inquiries or advertisements performed in the
ordinary course of a person’s business.
4. A tort victim may void any contract, agreement or
obligation that is made, obtained, procured or incurred in
violation of this section.
5. Any person who violates any of the provisions of this
section is guilty of a misdemeanor.
NACCA Legislative Overview 2013
Slide 318
SB 27
6. As used in this section, “tort victim” means a person:
(a) Whose property has been damaged as a result of any
accident that may result in a civil action, criminal action or
claim for tort damages by or against another person;
(b) Who has been injured or killed as a result of any
accident that may result in a civil action, criminal action or
claim for tort damages by or against another person; or
(c) A parent, guardian, spouse, sibling or child of a person
who has died as a result of any accident that may result in
a civil action, criminal action or claim for tort damages by
or against another person.
NACCA Legislative Overview 2013
Slide 319
SB 31
(Effective on 7/1/13)
Sec. 4.6. NRS 432B.280 is hereby amended to read
as follows:
1. Except as otherwise provided in NRS 239.0115,
432B.165, 432B.175 and 439.538 and except as
otherwise authorized or required pursuant to NRS
432B.290, information maintained by an agency
which provides child welfare services, including,
without limitation, reports and investigations made
pursuant to this chapter, . . . is confidential.
NACCA Legislative Overview 2013
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SB 31
2. Any person, law enforcement agency or public agency, institution or
facility who willfully releases or disseminates such information, except:
(a) Pursuant to a criminal prosecution relating to the abuse or
neglect of a child;
(b) As otherwise authorized pursuant to NRS 432B.165 and
432B.175;
(c) As otherwise authorized or required pursuant to NRS
432B.290;
(d) As otherwise authorized or required pursuant to NRS
439.538; or
(e) As otherwise required pursuant to NRS 432B.513,
is guilty of a gross misdemeanor.
NACCA Legislative Overview 2013
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SB 31
10. Any person, except for:
(a) A district attorney or other law enforcement officer initiating
legal proceedings; or
(b) An employee of the Division of Parole and Probation of the
Department of Public Safety making a presentence
investigation and report to the district court pursuant to NRS
176.135 or making a general investigation and report pursuant
to NRS 176.151,
who is provided with information maintained by an agency which
provides child welfare services and further disseminates this
information, or who makes this information public , is guilty of a
gross misdemeanor.
NACCA Legislative Overview 2013
Slide 322
SB 36
(Effective on 6/2/13)
Section 12 provides that if the Administrator of the
Employment Security Division of the Department of
Employment, Training and Rehabilitation obtains a
judgment against a person who has fraudulently obtained
benefits or committed unemployment compensation fraud,
the Administrator may, in addition to any other manner of
executing the judgment provided by law, require each
employer of the person to withhold income from the
person’s wages and pay it to the Division.
NACCA Legislative Overview 2013
Slide 323
SB 36
Sections 13- 19 establish provisions for:
(1) Notifying a person whose income is to be withheld;
(2) Issuing a notice to withhold income to a person’s
employer;
(3) Establishing an employer’s duties with respect to the
withholding of income;
(4) Providing penalties for an employer’s violation of those
duties; and
(5) Providing an employer with immunity from any civil
action for any conduct taken in compliance with a notice
to withhold income.
NACCA Legislative Overview 2013
Slide 324
SB 36
Sec. 17. 1. It is unlawful for an employer to use the
withholding of income to collect an obligation to pay
money to the Administrator as a basis for refusing to hire a
potential employee, discharging an employee or taking
disciplinary action against an employee. Any employer
who violates this section shall hire or reinstate any such
employee with no loss of pay or benefits, is liable for any
amounts not withheld and shall be fined $1,000. If an
employee prevails in an action based on this section, the
employer is liable, in an amount not less than $2,500, for
payment of the employee’s costs and attorney’s fees
incurred in that action.
NACCA Legislative Overview 2013
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SB 36
2. If an employer wrongfully refuses to withhold income as
required pursuant to sections 12 to 19, inclusive, of this act
or knowingly misrepresents the income of an employee, the
employer shall pay the amount the employer refused to
withhold to the Administrator and may be ordered to pay
punitive damages to the Administrator in an amount not to
exceed $1,000 for each pay period the employer failed to
withhold income as required or knowingly misrepresented
the income of the employee.
NACCA Legislative Overview 2013
Slide 326
SB 36
Sec. 18. 1. If an employer wrongfully refuses to withhold
income as required pursuant to sections 12 to 19, inclusive,
of this act, after receiving a notice to withhold income that
was sent by certified mail pursuant to section 14 of this act,
or knowingly misrepresents the income of an employee, the
Administrator may apply for and the court may issue an
order directing the employer to appear and show cause
why he or she should not be subject to the penalties
prescribed in subsection 2 of section 17 of this act.
NACCA Legislative Overview 2013
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SB 36
2. At the hearing on the order to show cause, the court, upon a finding
that the employer wrongfully refused to withhold income as required
or knowingly misrepresented an employee’s income:
(a) May order the employer to comply with the requirements of
sections 12 to 19, inclusive, of this act;
(b) May order the employer to provide accurate information
concerning the employee’s income;
(c) May fine the employer pursuant to subsection 2 of section 17 of
this act; and
(d) Shall require the employer to pay the amount the employer failed or
refused to withhold from the employee’s income.
NACCA Legislative Overview 2013
Slide 328
SB 37
(Effective on 5/23/13)
Section 1 of this bill:
(1) Provides that a person who removes, damages or
destroys any property maintained by the State or a local
government to obtain scrap metal is guilty of a crime; and
(2) Requires a person convicted of such a crime, in addition
to any other penalty, to pay restitution and to perform 100
hours of community service for a first offense, 200 hours of
community service for a second offense and up to 300 hours
of community service for any third or subsequent offense.
NACCA Legislative Overview 2013
Slide 329
SB 37
Section 1 also revises the definition of
“utility property” to include any facility,
equipment or other property owned,
maintained or used by a company or a city,
county or other political subdivision of this
State to furnish sewer service or storm water
collection or disposal service.
NACCA Legislative Overview 2013
Slide 330
SB 37
Existing law also provides that a person who
intentionally steals, takes and carries away scrap
metal: (1) with a value of less than $650 within a
period of 90 days is guilty of a misdemeanor; or (2)
with a value of $650 or more within a period of 90
days is guilty of a category C or B felony with
varying terms of imprisonment and fines,
depending on the value of the scrap metal. (NRS
205.267)
NACCA Legislative Overview 2013
Slide 331
SB 37
Section 2 of this bill:
(1) Similarly makes it a crime to intentionally steal,
take or carry away utility property; and
(2) Requires a person convicted of intentionally
stealing, taking or carrying away scrap metal or
utility property to perform 100 hours of
community service for a first offense, 200 hours
of community service for a second offense and
up to 300 hours of community service for any
third or subsequent offense.
NACCA Legislative Overview 2013
Slide 332
SB 72
(Effective on 6/3/13)
This bill prohibits a person from: (1) intentionally
engaging in horse tripping for sport, entertainment,
competition or practice; or (2) knowingly
organizing, sponsoring, promoting, overseeing or
receiving money for the admission of any person to
a charreada or rodeo that includes horse tripping.
This bill imposes a criminal penalty against a
person who is guilty of committing horse tripping.
NACCA Legislative Overview 2013
Slide 333
SB 72
The bill defines the term “horse tripping” to mean the
roping of the legs of or otherwise using a wire, pole, stick,
rope or other object to intentionally trip or intentionally
cause a horse or other animal of the equine species to fall,
and excludes from that definition the tripping of the animal
to provide medical or other health care for the animal or
catching the animal by the legs and then releasing it as part
of a horse roping event for which a permit has been issued
by the local government where the event is conducted.
NACCA Legislative Overview 2013
Slide 334
SB 72
5. A person shall not:
(a) Intentionally engage in horse tripping
for sport, entertainment, competition or
practice; or
(b) Knowingly organize, sponsor, promote,
oversee or receive money for the admission
of any person to a charreada or rodeo that
includes horse tripping.
NACCA Legislative Overview 2013
Slide 335
SB 72
7. Except as otherwise provided in subsection 6, a person
who violates subsection . . . 5:
(a) For the first offense within the immediately
preceding 7 years, is guilty of a misdemeanor and
shall be sentenced to:
(1) Imprisonment in the city or county jail or
detention facility for not less than 2 days, but
not more than 6 months; and
(2) Perform not less than 48 hours, but not
more than 120 hours, of community service.
The person shall be further punished by a fine of not less than$200, but
not more than $1,000.
NACCA Legislative Overview 2013
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SB 72
(b) For the second offense within the immediately preceding
7 years, is guilty of a misdemeanor and shall be sentenced
to:
(1) Imprisonment in the city or county jail or
detention facility for not less than 10 days, but not
more than 6 months; and
(2) Perform not less than 100 hours, but not more
than 200 hours, of community service.
The person shall be further punished by a fine of not less
than $500, but not more than $1,000.
NACCA Legislative Overview 2013
Slide 337
SB 72
(c) For the third and any subsequent offense
within the immediately preceding 7 years, is
guilty of a category C felony and shall be
punished as provided in NRS 193.130.
NACCA Legislative Overview 2013
Slide 338
SB 72
8. In addition to any other fine or penalty . . ., a court shall
order a person convicted of violating subsection . . . 5 to
pay restitution for all costs associated with the care and
impoundment of any mistreated animal . . . , including,
without limitation, money expended for veterinary
treatment, feed and housing.
9. The court may order the person convicted of violating
subsection . . . 5 to surrender ownership or possession of the
mistreated animal.
NACCA Legislative Overview 2013
Slide 339
SB 73
(Effective on 5/28/13)
Existing law prohibits a person from committing an act of
cruelty against an animal. (NRS 574.100) Cruelty is defined
to include any act, omission or neglect, whereby
unjustifiable physical pain, suffering or death is caused or
permitted. (NRS 574.050)
Existing law authorizes a person to report such an act of
cruelty against an animal to any peace officer, officer of a
society for the prevention of cruelty to animals or animal
control officer.
NACCA Legislative Overview 2013
Slide 340
SB 73
Existing law further provides, with certain
exceptions, that the report is confidential and
that the willful release of any data or
information concerning the report constitutes
a misdemeanor. (NRS 574.053)
NACCA Legislative Overview 2013
Slide 341
SB 73
This bill deletes the provision which makes
the report confidential and provides instead,
with certain exceptions, that the willful
release of any data or information concerning
the identity of a person who made the report
constitutes a misdemeanor.
NACCA Legislative Overview 2013
Slide 342
SB 73
Any person, law enforcement agency, society for the
prevention of cruelty to animals or animal control agency
that willfully releases data or information concerning the
identity of a person who made a report pursuant to
subsection 1,
except for the purposes of a criminal investigation or
prosecution, I
is guilty of a misdemeanor.
NACCA Legislative Overview 2013
Slide 343
SB 83
(Effective on 10/1/13)
Under prior law, a person who owned, occupied or
was otherwise connected in certain ways to a house,
apartment, pit or place kept or used for baiting or
fighting any bird or animal was subject to criminal
penalties. A first offense was punishable as a gross
misdemeanor, a second offense was punishable as a
category E felony and a third or subsequent offense
was punishable as a category D felony. (NRS
574.060)
NACCA Legislative Overview 2013
Slide 344
SB 83
Section 1 of this bill increases those penalties to
make the first offense punishable as a category E
felony and a second or subsequent offense
punishable as a category D felony.
Section 1 also revises the offense to impose
criminal penalties against a person only if he or she
knowingly owns, occupies or is connected with the
house, apartment, pit or place kept or used for
baiting or fighting any bird or animal.
NACCA Legislative Overview 2013
Slide 345
SB 83
Prior law imposed criminal penalties against a person who:
(1) took certain actions in furtherance of a fight between
animals under certain circumstances; (2) owned, possessed,
kept, trained, promoted or purchased an animal with the
intent to use it to fight another animal; or (3) sold an animal
knowing that it was intended to be used to fight another
animal. A first offense was punishable as a gross
misdemeanor, a second offense was punishable as a category
E felony and a third or subsequent offense was punishable as
a category D felony. (NRS 574.070)
NACCA Legislative Overview 2013
Slide 346
SB 83
Section 2 of this bill increases those penalties to
make the first offense punishable as a category E
felony and a second or subsequent offense
punishable as a category D felony.
NACCA Legislative Overview 2013
Slide 347
SB 83
Prior law also imposed criminal penalties against a
person who knowingly witnessed a fight between
animals in an exhibition or for amusement or gain.
A first offense was punishable as a misdemeanor, a
second offense was punishable as a gross
misdemeanor and a third or subsequent offense was
punishable as a category E felony. (NRS 574.070)
NACCA Legislative Overview 2013
Slide 348
SB 83
Section 2 of this bill increases those penalties to make the
first offense punishable as a gross misdemeanor and a
second or subsequent offense punishable as a category E
felony.
Section 2 also revises the offense to impose criminal
penalties against a person who, instead of witnessing such a
fight, attends such a fight.
Section 2 also imposes the same criminal penalties against a
person who manufactures, owns, possesses, sells, barters or
exchanges, or advertises for sale, barter or exchange, certain
sharp instruments designed to be attached to certain fighting
birds.
NACCA Legislative Overview 2013
Slide 349
SB 169
(Effective on 10/1/13)
Prior law generally provided that a person convicted of a
gross misdemeanor could be punished, in lieu of or in
addition to a fine, by imprisonment in the county jail for not
more than 1 year. (NRS 193.140)
Prior law further provided that a person convicted of certain
other offenses could also be punished, in lieu of or in
addition to a fine, by imprisonment in the county jail for not
more than 1 year. (NRS 200.5099, 372.760, 374.765,
383.180, 453.411, 459.280, 459.595, 618.685, 638.170,
641A.440)
NACCA Legislative Overview 2013
Slide 350
SB 169
This bill provides that a person convicted of a gross
misdemeanor may, in lieu of or in addition to any
fine, only be punished by imprisonment in the
county jail for a maximum of 364 days.
Sections 4, 8-10, 16-18, 23, 27 and 28 of this bill
also clarify that certain crimes which are punishable
by imprisonment in the county jail for a maximum
of 364 days constitute gross misdemeanors.
NACCA Legislative Overview 2013
Slide 351
SB 169
Prior law provided that a person could petition the
court in which the person was convicted for the
sealing of all records relating to a conviction of a
gross misdemeanor after 7 years from the date of
release from actual custody or discharge from
probation, whichever occurs later. (NRS 179.245)
Section 5 of this bill reduces the period to 5 years
after the date of release from actual custody or
discharge from probation, whichever occurs later.
NACCA Legislative Overview 2013
Slide 352
SB 169
Section 30 of this bill provides that the amendatory
provisions of this bill apply to a person who is sentenced on
or after October 1, 2013, for a crime committed before, on
or after October 1, 2013.
Section 31 of this bill authorizes a person who was
convicted of a gross misdemeanor before October 1, 2013,
and sentenced to a term of imprisonment in the county jail
for 1 year to file a petition with the court of original
jurisdiction requesting that the court, for good cause shown,
order that his or her original sentence be modified to a
sentence imposing a term of imprisonment for 364 days.
NACCA Legislative Overview 2013
Slide 353
SB 170
(Effective on 7/1/13)
Sec. 14. NRS 487.690 is hereby amended to read as follows:
Any person who violates any of the provisions of NRS
487.530 to 487.690, inclusive, and sections 2, 3 and 3.5 of
this act is guilty of a misdemeanor.
Section 2:
Section 3:
Section 3.5:
Certain charges by body shops
Notices to registered owner of vehicle
Notices re: accepted forms of
payment
NACCA Legislative Overview 2013
Slide 354
SB 170
Section 2 of this bill authorizes a body shop, under certain
circumstances, to impose a charge for storage of a motor
vehicle that is in the possession of the body shop for repairs.
Section 2 also provides that any such charge for storage of a
motor vehicle must not exceed an amount that is one and
one-half times the average prevailing rate for storage
charged by body shops in the same geographic area, as
determined by the Department of Motor Vehicles, except
that a body shop may request a hearing by the Department to
show good cause as to why the body shop should be allowed
to impose a charge which exceeds that limit.
NACCA Legislative Overview 2013
Slide 355
SB 170
Under existing law, a body shop must complete an on-line survey to
report certain information, including the labor rate charged by the body
shop, to the Department of Motor Vehicles within 60 days immediately
preceding the date of submission of the application for renewal of the
license of the body shop. (NRS 487.685)
Section 5 of this bill requires that a body shop also report to the
Department in the on-line survey the rate charged by the body shop for
storage of vehicles, if any, including both an indoor vehicle storage rate
and an outdoor vehicle storage rate, if those rates differ.
Section 6 of this bill requires the Department to calculate and post the
prevailing storage rates for each specific geographic area in a report that
must be made available to the public on-line. (NRS 487.686)
NACCA Legislative Overview 2013
Slide 356
SB 170
Existing law requires a body shop to provide to a person
requesting or authorizing the repair of a motor vehicle a
written estimate or statement indicating the total charge for
the repair, including the charge for labor and all parts and
accessories necessary to perform the work. (NRS 487.6875)
Existing law also requires a body shop to display in its place
of business a sign setting forth various rights of the
customer, including the right to receive a written estimate of
charges for repairs made to the vehicle which exceed $50.
(NRS 487.6871)
NACCA Legislative Overview 2013
Slide 357
SB 170
Section 9 of this bill requires that the person requesting or authorizing
the repair is also entitled to receive from the body shop a written
statement of charges for storage of the vehicle, if any, which could
exceed $50.
Section 7 of this bill provides that the sign in a body shop which is
required to set forth the various rights of the customer must also include
language stating that the customer is entitled to receive a written
statement of charges for storage of the vehicle, if any, which could
exceed $50.
Section 7 also requires such signs to display the Internet address of the
Division of Compliance Enforcement of the Department of Motor
Vehicles and the telephone number of the closest office of the Division.
NACCA Legislative Overview 2013
Slide 358
SB 170
Section 3 of this bill provides that if a motor
vehicle is towed to a body shop at the request of
someone other than the registered owner or an
authorized agent of the owner, the body shop which
receives the motor vehicle must make reasonable
attempts to notify the registered owner of the motor
vehicle of the location of the vehicle. Section 3
further provides that the body shop may impose a
charge for storage of such a motor vehicle.
NACCA Legislative Overview 2013
Slide 359
SB 170
Section 3.5 of this bill requires under certain
circumstances that body shops and garage operators
inform certain persons as to the forms of payment
which the shop or garage accepts.
Sections 12-14 of this bill provide for injunctive
relief, civil penalties and a criminal misdemeanor
penalty for violations of the provisions of this bill.
NACCA Legislative Overview 2013
Slide 360
SB 199
(Effective on 10/1/13)
Existing law requires various medical
professionals to be licensed to practice in this
State (Chapters 630-637, 639 and 640 of
NRS)
Sections 5 and 6 of this bill make it a felony
to perform certain health care procedures or
surgical procedures without a license and set
forth specific penalties for engaging in such
unlawful conduct.
NACCA Legislative Overview 2013
Slide 361
SB 199
Sections 7-9 and 10-18 of this bill amend various
provisions of existing law which impose penalties
for the practice of certain medical professions
without a license to specify that if the provisions of
section 5 or 6 provide a greater penalty for
engaging in the unlawful conduct, the greater
penalty must apply.
Section 9.5 of this bill revises the provision
defining when a person is deemed to be practicing
dentistry.
NACCA Legislative Overview 2013
Slide 362
SB 199
Sec. 5. A person who performs a health care procedure on
another person without a license which results in:
1. Substantial bodily harm other than death to the person
who received the procedure:
(a) For a first offense, is guilty of a category C felony and
shall be punished as provided in NRS 193.130.
(b) For any subsequent offense, is guilty of a category B
felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a
maximum term of not more than 20 years and shall be
further punished by a fine of not less than $2,000 but not
more than $5,000.
NACCA Legislative Overview 2013
Slide 363
SB 199
2. The death of the person who received the procedure,
unless a greater penalty is provided by statute, is guilty of a
category B felony and shall be punished by imprisonment
in the state prison for a minimum term of not less than 2
years and a maximum term of not more than 20 years and
shall be further punished by a fine of not less than $2,000
but not more than $5,000.
A sentence imposed pursuant to this subsection may not be
suspended nor may probation be granted.
NACCA Legislative Overview 2013
Slide 364
SB 199
Sec. 6. A person who performs a surgical procedure on
another person without a license which results in:
1. No substantial bodily harm to the person who received
the procedure:
(a) For a first offense, is guilty of a category C felony and
shall be punished as provided in NRS 193.130.
(b) For a second or subsequent offense, is guilty of a
category B felony and shall be punished by imprisonment
in the state prison for a minimum term of not less than 2
years and a maximum term of not more than 20 years and
shall be further punished by a fine of not less than $2,000
but not more than $5,000.
NACCA Legislative Overview 2013
Slide 365
SB 199
2. Substantial bodily harm other than death to the person who received
the procedure is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 2
years and a maximum term of not more than 20 years and shall be
further punished by a fine of not less than $2,000 but not more than
$5,000.
3. The death of the person who received the procedure, unless a
greater penalty is provided by statute, is guilty of a category B felony
and shall be punished by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not
more than 20 years and shall be further punished by a fine of not less
than $2,000 but not more than $5,000. A sentence imposed pursuant to
this subsection may not be suspended nor may probation be granted.
NACCA Legislative Overview 2013
Slide 366
SB 213
(Effective on Various Dates)
Existing law provides that any person who
intentionally steals, takes and carries away
personal goods or property of another person
with a value of less than $650 or who
knowingly buys, receives, possesses or
withholds such property is guilty of a
misdemeanor. (NRS 205.240, 205.275)
NACCA Legislative Overview 2013
Slide 367
SB 213
Section 1.6 of this bill provides that a person
who intentionally steals, takes and carries
away traps, snares or similar devices with an
aggregate value of less than $650 or who
knowingly buys, receives, possesses or
withholds stolen traps, snares or similar
devices with an aggregate value of less than
$650 is guilty of a gross misdemeanor.
NACCA Legislative Overview 2013
Slide 368
SB 213
Under existing law, every person who takes fur-bearing
mammals by any legal method is required to obtain a
trapping license. Existing law also makes it unlawful to
move or disturb a lawfully-set trap. (NRS 503.454)
Section 4 of this bill: (1) requires every person who takes
fur-bearing mammals by trap, snare or similar device to
obtain a trapping license; and (2) clarifies that the
prohibition against moving or disturbing a lawfully-set trap
also includes any lawfully-set snare or similar device.
NACCA Legislative Overview 2013
Slide 369
SB 213
Existing law requires each person who sets or places a trap,
snare or similar device to visit those devices at least once
every 96 hours and requires the removal of trapped
mammals from the devices. (NRS 503.570)
Section 5 of this bill requires the Commission to adopt
regulations prescribing the frequency at which a person who
sets or places a trap, snare or similar device is required to
visit the trap, snare or similar device, which must be at least
once every 96 hours.
NACCA Legislative Overview 2013
Slide 370
SB 213
Section 1. Chapter 501 of NRS is hereby amended by
adding thereto the provisions set forth as sections 1.3 and
1.6 of this act.
Sec. 1.3. “Trap” means a device that is designed, built or
made to close upon or hold fast any portion of an animal.
Sec. 1.6. 1. Any person who intentionally steals, takes and
carries away one or more traps, snares or similar devices
owned by another person with an aggregate value of less
than $650 is guilty of a gross misdemeanor.
NACCA Legislative Overview 2013
Slide 371
SB 213
2. Any person who buys, receives, possesses or withholds
one or more traps, snares or similar devices owned by
another person with an aggregate value of less than $650:
(a) Knowing that the traps, snares or similar devices are
stolen property; or
(b) Under such circumstances as should have caused a
reasonable person to know that the traps, snares or similar
devices are stolen property,
is guilty of a gross misdemeanor.
NACCA Legislative Overview 2013
Slide 372
SB 213
3. It is unlawful:
(a) For a person to whom a trap, snare or similar
device is registered to allow another person to
possess or use the trap, snare or similar device
without providing to that person written
authorization to possess or use the trap, snare or
similar device.
NACCA Legislative Overview 2013
Slide 373
SB 213
(b) For a person to possess or use a trap, snare or similar
device registered to another person without obtaining the
written authorization required pursuant to paragraph (a).
If a person obtains written authorization to possess or use
a trap, snare or similar device pursuant to paragraph (a),
the person shall ensure that the written authorization,
together with his or her trapping license, is in his or her
possession during any period in which he or she uses the
trap, snare or similar device to take fur-bearing mammals.
NACCA Legislative Overview 2013
Slide 374
SB 220
(Effective on Various Dates)
This lengthy bill regulates professional licensing boards.
Sections 6, 11, 17, 22, 28, 33, 39, 45, 50, 66, 73, 79, 81-84,
89 and 95 of this bill revise existing criminal penalties for
the unlicensed practice of certain professions and authorize
various licensing boards to impose administrative fines
against, issue citations to, and issue and serve orders to
cease and desist on persons who engage in the unlicensed
practice of certain professions, or both.
Section 110 of this bill provides for the forfeiture of all
personal property used by certain persons to engage in the
unlicensed practice of certain professions.
NACCA Legislative Overview 2013
Slide 375
SB 220
Example:
Sec. 84. NRS 639.285 is hereby amended to read as follows:
Any person not licensed by the Board, who sells, displays or
offers for sale any drug, device or poison, the sale of which
is restricted to prescription only or by a registered
pharmacist or under his or her direct and immediate
supervision [,] :
1. If no substantial bodily harm results, is guilty of a
[misdemeanor.] category D felony; or
2. If substantial bodily harm results, is guilty of a category
C felony,
and shall be punished as provided in NRS 193.130.
NACCA Legislative Overview 2013
Slide 376
SB 235
(Effective on 10/1/13)
Existing law provides certain restrictions on the sale and
purchase of scrap metal in this State and requires scrap
metal processors to maintain certain records of purchases of
scrap metal. (NRS 647.092-647.098)
Section 1.3 of this bill authorizes a local law enforcement
agency to establish an electronic reporting system or utilize
an existing electronic reporting system to receive certain
information relating to scrap metal purchases within the
jurisdiction of the law enforcement agency.
NACCA Legislative Overview 2013
Slide 377
SB 235
Section 1.3 requires that the system be electronically secure
and accessible only to:
(1) A scrap metal processor for the purpose of submitting
certain information;
(2) An officer of the local law enforcement agency; and
(3) An authorized employee of any third party that the local
law enforcement agency contracts with for the purpose
of receiving and storing the information submitted by a
scrap metal processor.
NACCA Legislative Overview 2013
Slide 378
SB 235
If a local law enforcement agency establishes an electronic
reporting system or utilizes an existing electronic reporting
system, section 1.3 requires a scrap metal processor to
submit electronically to the local law enforcement agency
or, if applicable, any third party that the local law
enforcement agency has contracted with, certain information
relating to each purchase of scrap metal from certain
persons.
NACCA Legislative Overview 2013
Slide 379
SB 235
Section 1.3 further requires the Division of
Industrial Relations of the Department of
Business and Industry to adopt certain
regulations providing for the confidential
maintenance of reported information and the
oversight of designated third parties that may
contract with a law enforcement agency to
receive and maintain such information.
NACCA Legislative Overview 2013
Slide 380
SB 235
Section 2 of this bill revises provisions relating to the
acceptable forms of personal identification which a scrap
metal processor may accept for the purpose of maintaining
certain records relating to purchases of scrap metal.
Section 1.5 of this bill provides that a person is immune
from any civil liability for any action taken with respect to
carrying out the provisions of this bill, so long as such
actions are taken in good faith and without malicious intent.
NACCA Legislative Overview 2013
Slide 381
SB 235
Section 1.7 of this bill requires a person in
whose possession the information required to
be submitted to a local law enforcement
agency is held to keep the information
confidential.
Section 1.7 also provides that a person who
knowingly and willfully violates this
requirement is guilty of a gross
misdemeanor.
NACCA Legislative Overview 2013
Slide 382
SB 235
Sec. 1.7.
1. Except as otherwise required pursuant to section 1.3 of
this act, any information concerning the purchase of scrap
metal, as described in NRS 647.094 and section 1.3 of this
act, must be kept confidential by the person in whose
possession such information is held.
2. A person who knowingly and willfully violates
subsection 1 is guilty of a gross misdemeanor.
NACCA Legislative Overview 2013
Slide 383
SB 237
(Effective on 10/1/13)
Prior law provided that a person who placed graffiti
on or otherwise defaced the real or personal public
or private property of another without the
permission of the owner was guilty of a category C
felony if the offense is committed on any protected
site in this State. (NRS 206.330)
This bill changes the penalty for such an offense to
a category D felony.
NACCA Legislative Overview 2013
Slide 384
SB 237
This bill also revises the definition of “protected site” to include any site,
building, structure, object or district:
(1) Listed in the register of historic resources of a community which is
recognized as a Certified Local Government pursuant to the
Certified Local Government Program jointly administered by the
National Park Service and the Office of Historic Preservation of the
State Department of Conservation and Natural Resources;
(2) Listed in the State Register of Historic Places or the National
Register of Historic Places; or
(3) That is more than 50 years old and is located in a municipal or state
park.
NACCA Legislative Overview 2013
Slide 385
SB 267
(Effective on 7/1/13)
Section 8 of this bill prohibits an owner or
operator of a tanning establishment from
allowing a person who is less than 18 years
of age to use the tanning equipment of the
establishment.
Sec. 8. An owner or operator shall not allow a person
who is less than 18 years of age to use the tanning
equipment of a tanning establishment.
NACCA Legislative Overview 2013
Slide 386
SB 267
Section 9 of this bill requires an owner or operator of a
tanning establishment to post a notice in a conspicuous place
informing customers:
(1) That a person who is less than 18 years of age is
prohibited from using the tanning equipment;
(2) That the owner or operator of the tanning establishment
may be subject to civil action for certain violations;
(3) That any person may report violations to any law
enforcement agency; and
(4) Of certain health risks associated with the use of tanning
equipment.
NACCA Legislative Overview 2013
Slide 387
SB 267
Section 10 of this bill requires an owner or operator of a
tanning establishment to post in a conspicuous place in each
area where tanning equipment is used a warning sign
informing users of certain safety procedures that must be
followed while using the tanning equipment.
Section 10 also establishes certain civil penalties for failure
to post such warning signs.
Section 11 of this bill requires an owner or operator of a
tanning establishment to ensure that a qualified person be
present at the tanning establishment during operating hours
and that each user be aware of and use certain safety
equipment.
NACCA Legislative Overview 2013
Slide 388
SB 267
Section 11 prohibits a person from using the tanning
equipment of a tanning establishment unless he or she signs
a statement of acknowledgment and uses protective eyewear
while using the tanning equipment.
Section 13 of this bill exempts from the provisions of this
bill any physician who prescribes the use of a phototherapy
device, as well as any person prescribed the use of such a
device by a physician.
Section 12 of this bill authorizes a parent or guardian to
bring an action against an owner or operator of a tanning
establishment who allows a child of the parent or guardian
to use the tanning equipment of the establishment.
NACCA Legislative Overview 2013
Slide 389
SB 267
Sec. 12. 1. A parent or guardian of a person who is less than 18 years
of age may bring an action against an owner or operator if the owner
or operator violates section 8 of this act.
2. In any action brought pursuant to this section, if a parent or
guardian of a person who is less than 18 years of age establishes that
the owner or operator violated section of this act, a court shall award
the parent or guardian, in addition to costs and reasonable attorney’s
fees:
(a) For the first occurrence, $500.
(b) For the second occurrence, $1,000.
(c) For the third or subsequent occurrence, $1,500.
3. Each instance in which an owner or operator allows a person who is
less than 18 years of age to use the tanning equipment of the tanning
establishment in violation of section 8 of this act constitutes a separate
NACCA Legislative Overview 2013
occurrence.
Slide 390
SB 351
(Effective on 10/1/13)
This bill prohibits a provider of health care or a
health facility that treats a patient for a condition for
which the patient has filed or intends to file a civil
claim to recover damages, or any business in which
such a provider or facility has a financial interest,
from acquiring a debt or lien for services which
arise from the same claim and are provided to the
patient by another provider or facility.
NACCA Legislative Overview 2013
Slide 391
SB 351
Section 1. Chapter 629 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. A provider of health care or a health facility that provides services
to a patient who has filed or intends to file a civil claim to recover
damages, or a business in which such a provider of health care or
health facility holds a financial interest, shall not purchase or acquire
a debt or a lien that is based upon services which:
(a) Are provided to the patient in relation to the same claim
for which the provider of health care or health facility
provided services to the patient; and
(b) Are provided to that patient by another provider of health
care or health facility.
NACCA Legislative Overview 2013
Slide 392
SB 351
2. A person who violates subsection 1 is guilty of a
category E felony and shall be punished as provided in
NRS 193.130, and may be further punished by a fine of not
more than $25,000 for each violation.
3. As used in this section:
(a) “Financial interest” includes, without limitation, any
share in the ownership of or profit from a business and
any form of compensation from a business relating to a
debt or lien based upon services provided by a provider of
health care or health facility.
(b) “Health facility” has the meaning ascribed to it in NRS
439A.015.
NACCA Legislative Overview 2013
Slide 393
SB 365
(Effective on 10/1/13)
This bill provides that a person commits the crime of stolen
valor and is guilty of a gross misdemeanor if the person
knowingly, with the intent to obtain money, property or
another tangible benefit:
(1) Fraudulently represents himself or herself to be a
recipient of certain military decorations or medals; and
(2) Obtains money, property or another tangible benefit
through such fraudulent representation.
NACCA Legislative Overview 2013
Slide 394
SB 365
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. A person commits the crime of stolen valor if he or she knowingly,
with the intent to obtain money, property or another tangible benefit:
(a) Fraudulently represents himself or herself to be a
recipient of the Congressional Medal of Honor,
Distinguished Service Cross, Navy Cross, Air Force Cross,
Silver Star, Purple Heart, Combat Infantryman Badge,
Combat Action Badge, Combat Medical Badge, Combat
Action Ribbon or Air Force Combat Action Medal; and
(b) Obtains money, property or another tangible benefit
through such fraudulent representation.
2. A person who commits the crime of stolen valor is guilty of a gross
misdemeanor.
NACCA Legislative Overview 2013
Slide 395
SB 371
(Effective on 10/1/13)
This bill prohibits a person from intentionally feeding any
big game mammal without written authorization from the
Department of Wildlife.
For the purpose of this prohibition, the term “big game
mammal” is defined to mean any pronghorn antelope, black
bear, mule deer, mountain goat, mountain lion, Rocky
Mountain elk or certain subspecies of bighorn sheep and
“intentionally feed” is defined to mean supplying, providing
or otherwise making available any salt, grain, meat or other
form of nourishment with the intent to attract or feed a big
game mammal.
NACCA Legislative Overview 2013
Slide 396
SB 371
The term is limited so that it does not include
any incidental or unintentional feeding of a
big game mammal, including, without
limitation, any such feeding associated with
certain agricultural, landscaping or outdoor
activities.
NACCA Legislative Overview 2013
Slide 397
SB 371
If a person is found guilty of intentionally
feeding a big game mammal, the person:
(1)For a first offense, must be issued a
written warning;
(2)For a second offense, must be punished
by a fine of not more than $250; and
(3)For a third or subsequent offense, must be
punished by a fine of not more than $500.
NACCA Legislative Overview 2013
Slide 398
SB 371
This bill also provides an exception from the
prohibition against intentionally feeding a
big game mammal for any employee or agent
of the Department or the Animal and Plant
Health Inspection Service of the United
States Department of Agriculture while
carrying out his or her duties as such an
employee or agent.
NACCA Legislative Overview 2013
Slide 399
SB 371
Section 1. Chapter 501 of NRS is hereby amended by
adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, a person
shall not intentionally feed any big game mammal without
written authorization from the Department.
2. A person who violates subsection 1:
(a) For a first offense, must not be cited or charged
criminally but must be informed, in writing, of the
behavior that constitutes the violation and the
penalties prescribed by this section for any
subsequent violation of this section.
NACCA Legislative Overview 2013
Slide 400
SB 371
(b) For a second offense, shall be punished by a
fine of not more than $250.
(c) For a third or subsequent offense, shall be
punished by a fine of not more than $500.
3. The provisions of this section do not apply to any
employee or agent of the Department or the Animal and
Plant Health Inspection Service of the United States
Department of Agriculture who, while carrying out his or
her duties, intentionally feeds a big game mammal for any
purpose.
NACCA Legislative Overview 2013
Slide 401
SB 374
(Effective on Various Dates)
* Lengthy Bill
Under existing law, the State of Nevada provides immunity
from state and local prosecution for possessing, delivering
and producing marijuana in certain limited amounts for
patients with qualifying medical conditions, and their
designated primary caregivers, who apply to and receive
from the Health Division of the Department of Health and
Human Services a registry identification card. Existing law
does not specify the manner in which qualifying patients and
their designated primary caregivers are to obtain marijuana.
(Chapter 453A of NRS)
NACCA Legislative Overview 2013
Slide 402
SB 374
Section 1 of this bill makes it a crime, punishable as a
category E felony, for a person to counterfeit or forge or
attempt to counterfeit or forge a registry identification card,
which is the instrument that indicates a bearer is entitled to
engage in the medical use of marijuana.
Section 1.7 of this bill makes it a crime, punishable as a
category E felony, for a person to grow, harvest or process
more than 12 marijuana plants, and also makes such a
person liable for costs of cleanup and disposal.
NACCA Legislative Overview 2013
Slide 403
SB 374
Section 1.4 of this bill creates the Subcommittee on
the Medical Use of Marijuana of the Advisory
Commission on the Administration of Justice.
The Subcommittee is tasked with considering,
evaluating, reviewing and reporting on the medical
use of marijuana, the dispensation of marijuana for
medical use and laws providing for the dispensation
of marijuana for medical use.
NACCA Legislative Overview 2013
Slide 404
SB 374
Sections 22 and 22.3 of this bill increase the amounts of
marijuana, edible marijuana products and marijuana-infused
products that may be possessed collectively by a registry
identification cardholder and his or her designated primary
caregiver, if any. The increased amounts are derived, in
substantial part, from the limits established by the State of
Arizona.
NACCA Legislative Overview 2013
Slide 405
SB 374
5. A person who holds a valid medical marijuana
establishment registration certificate issued to the person
pursuant to section 10 of this act or a valid medical
marijuana establishment agent registration card issued to
the person pursuant to section 13 of this act, and who
confines his or her activities to those authorized by
sections 10 to 20, inclusive, of this act and the regulations
adopted by the Division pursuant thereto, is exempt from
state prosecution for:
NACCA Legislative Overview 2013
Slide 406
SB 374
(a) Possession, delivery or production of marijuana;
(b) Possession or delivery of paraphernalia;
(c) Aiding and abetting another in the possession, delivery
or production of marijuana;
(d) Aiding and abetting another in the possession or
delivery of paraphernalia;
(e) Any combination of acts in paragraphs (a) to (d),
inclusive; and
(f) Any other criminal offense in which the possession,
delivery or production of marijuana or the possession or
delivery of paraphernalia is an element.
NACCA Legislative Overview 2013
Slide 407
SB 383
(Effective on 10/1/13)
Sec. 26. NRS 119A.680 is hereby amended to read as
follows:
1. It is unlawful for any person to engage in the business of,
act in the capacity of, advertise or assume to act as a:
(a) Project broker , person who is licensed pursuant to
chapter 645 of NRS or [sales agent] time-share resale
broker within the State of Nevada without first obtaining a
license from the Division pursuant to chapter 645 of NRS .
[or NRS 119A.210.]
NACCA Legislative Overview 2013
Slide 408
SB 383
(b) Sales agent for a project broker within the State of
Nevada without first obtaining a license from the Division
pursuant to NRS 119A.210, unless he or she is licensed as
a real estate salesperson pursuant to chapter 645 of NRS;
or
(c) Representative, manager or time-share resale broker
within the State of Nevada without first registering with the
Division.
2. Any person who violates subsection 1 is guilty of a gross
misdemeanor.
NACCA Legislative Overview 2013
Slide 409
SB 399
(Effective on Various Dates)
Existing law provides that it is a misdemeanor to sell, offer
for sale, assist in the sale of, deliver or permit to be sold or
offered for sale, any petroleum or petroleum product as, or
purporting to be, motor vehicle fuel, unless it conforms with
the regulations adopted by the State Board of Agriculture.
(NRS 590.070, 590.150)
Section 1 of this bill provides that it is also a misdemeanor
to sell, offer for sale, assist in the sale of, deliver or permit to
be sold or offered for sale biodiesel, biomass-based diesel or
biomass-based diesel blend that does not conform to certain
standards.
NACCA Legislative Overview 2013
Slide 410
SB 399
3. It is unlawful for any person, or any officer, agent or employee
thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be
sold or offered for sale:
...
(b) Any biodiesel unless it meets the registration requirements for fuels
and fuel additives of 40 C.F.R. Part 79 and the requirements of ASTM
Standard D6751, “Standard Specification for Biodiesel Fuel Blend
Stock (B100) for Middle Distillate Fuels.”
(c) Any biomass-based diesel or biomass-based diesel blend unless it
meets the registration requirements for fuels and fuel additives
established by the Administrator of the Environmental Protection
Agency pursuant to 42 U.S.C. § 7545.
NACCA Legislative Overview 2013
Slide 411
SB 449
(Effective on 10/1/13)
Prior law set forth penalties for a person who was
found guilty of illegally disposing of solid waste,
sewage or certain other similar materials three or
more times during a period of 2 years.
Such an offender: (1) was guilty of a gross
misdemeanor; and (2) had to be imprisoned in the
county jail for 1 year, clean up the dump site and
perform community service. (NRS 444.630)
NACCA Legislative Overview 2013
Slide 412
SB 449
This bill increases from 2 years to 4 years
the period during which
a third or subsequent offense involving the
illegal disposal of any cesspool or septic tank
effluent or solid waste
subjects the offender to those penalties.
NACCA Legislative Overview 2013
Slide 413
SB 449
1. . . . If, within the immediately preceding 4 years, a
person commits three or more offenses that involve
placing, depositing or dumping, or causing to be placed,
deposited or dumped, any cesspool or septic tank effluent
or solid waste, the person is guilty of a gross misdemeanor
and shall be punished by imprisonment in the county jail
for 1 year.
2. For the purposes of subsection 1, an offense that
occurred within 2 or 4 years, as applicable, immediately
preceding the date of the principal offense or after the
principal offense constitutes a prior offense when
evidenced by a conviction, without regard to the sequence
of the offenses and NACCA
convictions.
Legislative Overview 2013
Slide 414
SB 502
(Effective on 7/1/13)
Existing law requires certain entities to conduct a
background investigation of the criminal and personal
history of certain persons. (NRS 62B.270, 424.031, 424.039,
427A.701, 427A.735, 432.100, 432A.170, 432A.175,
432B.391, 432B.625, 433B.183, 435B.235, 435.335,
449.122, 449.123)
Section 2 of this bill authorizes the Health Division of the
Department of Health and Human Services to establish an
Internet website for use by these entities in conducting the
required investigations.
NACCA Legislative Overview 2013
Slide 415
SB 502
Section 14 (Amends NRS 449.123):
8. Unless a greater penalty is provided by law, a
person who willfully provides a false statement or
information in connection with an investigation of
the background and personal history of the person
pursuant to this section that would disqualify the
person from employment, including, without
limitation, a conviction of a crime listed in NRS
449.174, is guilty of a misdemeanor.
NACCA Legislative Overview 2013
Slide 416
CRIMINAL
PROCEDURE
(begins at Slide ___)
NACCA Legislative Overview 2013
417
AB 20
(Effective on 6/1/13)
Under existing law, it is unlawful for a person to have in his
or her possession all or part of the carcass of any bovine
animal unless the person exhibits the hide of the animal, a
certificate of inspection or a bill of sale to a certain peace
officer authorized by the Department. (NRS 566.025)
Section 9 of this bill deletes the requirement that the
exhibition be made to such a peace officer and instead
requires the exhibition to be made to an inspector or
agricultural enforcement officer of the Department.
NACCA Legislative Overview 2013
Slide 418
AB 30
(Effective on 5/24/13)
Existing law requires the Department of Public Safety to
establish and maintain a community notification website to
provide the public with certain information concerning
certain sex offenders and offenders convicted of a crime
against a child. (NRS 179B.250)
NACCA Legislative Overview 2013
Slide 419
AB 30
Section 1 of this bill establishes the community
notification website as the source of record for
information concerning sex offenders and offenders
convicted of a crime against a child.
Section 1 also removes the requirement that the
Central Repository for Nevada Records of Criminal
History maintain a log of each inquiry to the
community notification website.
NACCA Legislative Overview 2013
Slide 420
AB 40
(Effective on 5/24/13)
This bill authorizes the State Board of Parole
Commissioners to notify victims of crime of certain
information through the use of an automated victim
notification system.
If the Board decides to discontinue using the automated
victim notification system to notify victims, the system (not
later than 90 days before the discontinuance of the use of the
system) must notify victims who have registered with the
system of the discontinuance.
NACCA Legislative Overview 2013
Slide 421
AB 43
(Effective on 5/10/13)
Under existing law, certain offenders who have
been sentenced to a term of imprisonment generally
may earn certain amounts of credit for various
achievements.
Any amount of credit earned is applied to the length
of the offender’s term of imprisonment and thereby
reduces the offender’s sentence.
(NRS 209.432-209.451)
NACCA Legislative Overview 2013
Slide 422
AB 43
This bill:
(1) Clarifies that an offender may not earn more
than the amount of credit required to expire his or
her sentence; and
(2) Specifies that such a provision shall not be
construed to reduce retroactively the amount of
credit earned by an offender if doing so would
constitute a violation under the U.S. Constitution or
the Nevada Constitution.
NACCA Legislative Overview 2013
Slide 423
AB 84
(Effective on 1/1/14)
Existing law authorizes a district court to place certain offenders who are
veterans or members of the military on probation upon terms and
conditions that must include attendance and successful completion of an
appropriate program for the treatment of such offenders that is
established by the district court.
However, the court may not assign an offender to such a program
without the prosecuting attorney stipulating to the assignment if: (1) the
offense committed by the offender involved the use or threatened use of
force or violence; or (2) the offender was previously convicted of a
felony that involved the use or threatened use of force or violence. (NRS
176A.290)
NACCA Legislative Overview 2013
Slide 424
AB 84
Section 1.5 of this bill provides that in determining
whether an offense involved the use or threatened
use of force or violence,
the court must consider the facts and circumstances
surrounding the offense, including, without
limitation, whether the offender intended to place
another person in reasonable apprehension of
bodily harm.
NACCA Legislative Overview 2013
Slide 425
AB 97
(Effective on 10/1/13)
Existing law:
(1) Authorizes a prosecuting attorney to prosecute a
person as a habitual criminal, a habitual felon or
a habitually fraudulent felon if certain
conditions exist; and
(2) Prescribes the punishment for a habitual
criminal, a habitual felon or a habitually
fraudulent felon. (NRS 207.010, 207.012,
207.014)
NACCA Legislative Overview 2013
Slide 426
AB 97
Under existing law, a prosecuting attorney may:
(1) Include in the information charging the primary offense
a count alleging that a person is a habitual criminal, a
habitual felon or a habitually fraudulent felon; or
(2) File such a count after the person’s conviction for the
primary offense but, in such a case, the sentence must
not be imposed or a certain hearing held until 15 days
after the filing. (NRS 207.016)
NACCA Legislative Overview 2013
Slide 427
AB 97
This bill requires a count alleging that a person is a
habitual criminal, a habitual felon or a habitually
fraudulent felon to be filed not less than 2 days
before the trial on the primary offense,
unless an agreement of the parties provides otherwise,
or for good cause shown the court extends such time.
NACCA Legislative Overview 2013
Slide 428
AB 97
This bill also authorizes the prosecution to
supplement or amend such a count at any
time before sentence is imposed,
but, if such a supplement or amendment is
filed, the sentence must not be imposed or a
certain hearing must not occur until 15 days
after the filing.
NACCA Legislative Overview 2013
Slide 429
AB 110
(Effective on 10/1/13)
This bill:
(1)Provides that a dog may not be
determined to be dangerous or vicious
based solely on the breed of the dog; and
(2)Prohibits a local authority from adopting
or enforcing an ordinance or regulation
that deems a dog dangerous or vicious
based solely on the breed of the dog.
NACCA Legislative Overview 2013
Slide 430
AB 110
Existing law sets forth the circumstances
under which a dog may be deemed
dangerous or vicious and provides criminal
penalties for a person who knowingly owns
or keeps a vicious dog after notice that the
dog is vicious or who knowingly transfers
ownership of such a vicious dog. (NRS
202.500)
NACCA Legislative Overview 2013
Slide 431
AB 115
(Effective on 10/1/13)
This bill requires the written statement
provided by a peace officer to a suspected
victim of domestic violence to include
certain statements concerning the protection
for animals that may be included in
temporary and extended orders for protection
against domestic violence.
NACCA Legislative Overview 2013
Slide 432
AB 115
(4) The law provides that you may seek a
court order for the protection of you , [or]
your minor children or any animal that is
owned or kept by you, by the person who
committed or threatened the act of domestic
violence or by the minor child of either such
person against further threats or acts of
domestic violence. . . .
NACCA Legislative Overview 2013
Slide 433
AB 115
(5) An order for protection may require the person who
committed or threatened the act of domestic violence against
you to:
. . .(VII) Stop physically injuring, threatening to injure or
taking possession of any animal that is owned or kept by
you or your children, either directly or through an agent;
and
(VIII) Stop physically injuring or threatening to injure any
animal that is owned or kept by the person who committed
or threatened the act or his or her children, either directly
or through an agent.
NACCA Legislative Overview 2013
Slide 434
AB 115
(6) A court may make future orders for protection
which award you custody of your children and
require the person who committed or threatened the
act of domestic violence against you to:
(IV) Comply with the arrangements
specified for the possession and care of any
animal owned or kept by you or your
children or by the person who committed or
threatened the act or his or her children.
NACCA Legislative Overview 2013
Slide 435
AB 156
(Effective on 1/1/14)
Existing law authorizes a person to petition the
court in which the person was convicted for the
sealing of all records relating to certain convictions.
(NRS 179.245)
Section 1 of this bill prohibits a person from
petitioning the court to seal records relating to
certain offenses related to driving, operating or
controlling a vehicle or vessel while under the
influence of intoxicating liquor or a controlled
substance.
NACCA Legislative Overview 2013
Slide 436
AB 156
5. A person may not petition the court to seal
records relating to a conviction of:
. . . (c) A violation of NRS 484C.110 or
484C.120 that is punishable as a felony
pursuant to paragraph (c) of subsection 1 of
NRS 484C.400;
(d) A violation of NRS 484C.430 [DUI with
Death or Substantial Bodily Harm];
NACCA Legislative Overview 2013
Slide 437
AB 156
(e) A homicide resulting from driving or being in
actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled
substance or resulting from any other conduct
prohibited by NRS 484C.110, 484C.130 or
484C.430;
(f) A violation of NRS 488.410 that is punishable
as a felony pursuant to NRS 488.427 [Vessels]; or
(g) A violation of NRS 488.420 or 488.425
[Vessels].
NACCA Legislative Overview 2013
Slide 438
AB 156
Existing law authorizes a person arrested for
alleged criminal conduct to petition for the sealing
of all records relating to the arrest if the charges
were dismissed or the person was acquitted of the
charges. (NRS 179.255)
Section 2 of this bill authorizes such a person to
petition for the sealing of all records relating to an
arrest if the prosecuting attorney declines to
prosecute the charges.
NACCA Legislative Overview 2013
Slide 439
AB 156
NRS 179.255:
1. If a person has been arrested for alleged criminal
conduct and the charges are dismissed , the
prosecuting attorney having jurisdiction declined
prosecution of the charges or such person is
acquitted of the charges, the person may petition:
NACCA Legislative Overview 2013
Slide 440
AB 156
(b) The court having jurisdiction in which the
charges were declined for prosecution:
(1) Any time after the applicable statute of
limitations has run;
(2) Any time 10 years after the arrest; or
(3) Pursuant to a stipulation between the
parties . . .
for the sealing of all records relating to the arrest
and the proceedings leading to the . . . declination.
NACCA Legislative Overview 2013
Slide 441
AB 156
4. Upon receiving a petition pursuant to subsection 1, the
court shall notify the law enforcement agency that arrested
the petitioner for the crime and:
(a) If the charges were dismissed , declined for
prosecution or the acquittal was entered in a district
court or justice court, the prosecuting attorney for the
county; or
(b) If the charges were dismissed , declined for
prosecution or the acquittal was entered in a
municipal court, the prosecuting attorney for the city.
NACCA Legislative Overview 2013
Slide 442
AB 156
8. If the prosecuting attorney having jurisdiction
previously declined prosecution of the charges and the
records of the arrest have been sealed pursuant to
subsection 6, the prosecuting attorney may subsequently
file the charges at any time before the running of the
statute of limitations for those charges.
If such charges are filed with the court, the court shall
order the inspection of the records without the prosecuting
attorney having to petition the court pursuant to NRS
179.295.
NACCA Legislative Overview 2013
Slide 443
AB 194
(Effective on 10/1/13)
Existing law prohibits a person from willfully or maliciously destroying
or injuring the real or personal property of another person. (NRS
206.310)
Existing law also provides that a person who is guilty of such an offense
shall be punished:
(1) where the value of the loss is $5,000 or more, for a category
C felony;
(2) where the value of the loss is $250 or more but less than
$5,000, for a gross misdemeanor;
(3) where the value of the loss is $25 of more but less than
$250, for a misdemeanor; and
(4) where the value is less than $25, by a fine of not more than
$500. (NRS 193.155).
NACCA Legislative Overview 2013
Slide 444
AB 194
This bill clarifies that a person who holds a
leasehold interest in the real property of another
person may be criminally liable for the willful or
malicious destruction or injury of that real property.
2. It is not a defense that the person engaging in
the conduct prohibited by subsection 1 holds a
leasehold interest in the real property that was
destroyed or injured.
NACCA Legislative Overview 2013
Slide 445
AB 202
(Effective on Various Dates)
Section 1 of this bill provides that murder and
attempted murder are excluded from the jurisdiction
of the juvenile court only if the offense was
committed by a child who was 16 years of age or
older when he or she committed the offense.
Under section 11 of this bill, this provision
becomes effective on October 1, 2014.
NACCA Legislative Overview 2013
Slide 446
AB 202
Under existing law, a child may be certified for criminal
proceedings as an adult upon a motion by the district
attorney and after a full investigation if the child:
(1) is charged with an offense that would have been a
felony if committed by an adult; and
(2) was 14 years of age or older at the time the child
allegedly committed the offense.
Section 1.3 of this bill reduces the minimum age of such
certification from 14 years of age to 13 years of age if the
child is charged with murder or attempted murder.
(Effective on 10/1/14)
NACCA Legislative Overview 2013
Slide 447
AB 202
Under existing law, during the pendency of the proceeding,
a child who is charged with a crime which is excluded from
the original jurisdiction of the juvenile court may petition
the juvenile court for temporary placement in a facility for
the detention of children. (NRS 62C.030)
Section 2 of this bill authorizes a child who is certified for
criminal proceedings as an adult to petition the juvenile
court for temporary placement in a facility for the detention
of children during the pendency of the proceeding.
(Effective on 10/1/13)
NACCA Legislative Overview 2013
Slide 448
AB 233
(Effective on 10/1/13)
Prior law authorized a person who has been
convicted of a category A or B felony, and
who is currently under imprisonment for that
conviction, to file a petition requesting
genetic marker analysis of certain evidence
within the possession or custody of the State.
(NRS 176.0918)
NACCA Legislative Overview 2013
Slide 449
AB 233
This bill authorizes a person convicted of any
felony, AND regardless of whether the
person is under such imprisonment, to:
(1) file a petition requesting genetic marker
analysis of certain evidence within the
possession or custody of the State; and
(2) file an appeal of an order dismissing such
a petition for genetic marker analysis.
NACCA Legislative Overview 2013
Slide 450
AB 233
This bill further authorizes the State to
appeal an order granting such a petition.
If the court orders a genetic marker analysis
pursuant to subsection 7 or 8, the State may
appeal to the Supreme Court within 30 days after
the notice of the entry of the order by filing a
notice of appeal with the clerk of the district court.
NACCA Legislative Overview 2013
Slide 451
AB 233
13. If the court enters an order dismissing a
petition pursuant to this section, the person
aggrieved by the order may appeal to the Supreme
Court within 30 days after the notice of the entry
of the order by filing a notice of appeal with the
clerk of the district court.
NACCA Legislative Overview 2013
Slide 452
AB 266
(Effective on 7/1/13)
Existing law creates the Office of Veterans Services to
provide various kinds of assistance to veterans and their
families. (NRS 417.020, 417.090) Existing law also
provides certain privileges and benefits to veterans,
including the establishment and regulation of veterans’
homes, the establishment and operation of veterans’
cemeteries and programs which provide opportunities for
training in actual employment for veterans. (NRS 417.147,
417.200, 418.045)
This bill defines “veteran” for the purpose of
establishing who is entitled to these privileges and
benefits.
NACCA Legislative Overview 2013
Slide 453
AB 266
As used in this title, unless the context otherwise requires,
“veteran” means a resident of this State who:
1. Was regularly enlisted, drafted, inducted or
commissioned in the:
(a) Armed Forces of the United States and
was accepted for and assigned to active duty
in the Armed Forces of the United States;
(b) National Guard or a reserve component
of the Armed Forces of the United States
and was accepted for and assigned to duty
for a minimum of 6 continuous years; or
NACCA Legislative Overview 2013
Slide 454
AB 266
(c) Commissioned Corps of the United
States Public Health Service or the
Commissioned Corps of the National
Oceanic and Atmospheric Administration of
the United States and served in the capacity
of a commissioned officer while on active
duty in defense of the United States; and
2. Was separated from such service under
conditions other than dishonorable.
NACCA Legislative Overview 2013
Slide 455
AB 307
(Effective on 10/1/13)
Prior law required any costs incurred by a hospital
for: (1) the examination of the victim of a sexual
offense; or (2) the initial medical care of the victim,
to be charged to the county in whose jurisdiction
the offense was committed. (NRS 449.244)
Section 14 of this bill repeals NRS 449.244 and
replaces it with the provisions in sections 9 and 10
of this bill.
NACCA Legislative Overview 2013
Slide 456
AB 307
Existing law requires a county to pay any
costs incurred for the medical care for any
physical injuries resulting from a sexual
assault that occurs within the county. (NRS
217.300)
NACCA Legislative Overview 2013
Slide 457
AB 307
Section 9 amends NRS 217.300 as follows:
1. The county in whose jurisdiction a sexual assault is
committed shall [pay] :
(a) Pay any costs incurred for medical care for any
physical injuries resulting from the sexual assault
which is provided to the victim not later than 72
hours after the victim first arrives for treatment.
•
(b) Pay any costs incurred by a hospital for the
forensic medical examination of the victim.
NACCA Legislative Overview 2013
Slide 458
AB 307
2. Any costs incurred pursuant to subsection 1:
(a) Must not be charged directly to the victim of
sexual assault.
(b) Must be charged to the county in whose
jurisdiction the offense was committed.
3. The filing of a report with the appropriate law
enforcement agency must not be a prerequisite to qualify
for a forensic medical examination pursuant to this
section.
NACCA Legislative Overview 2013
Slide 459
AB 307
4. The costs associated with a forensic medical
examination must not be included in the costs for medical
treatment pursuant to NRS 217.310.
5. As used in this section, “forensic medical examination”
means an examination by a health care provider to obtain
evidence from a victim of sexual assault.
NACCA Legislative Overview 2013
Slide 460
AB 307
Existing law:
(1) Authorizes a victim of a sexual assault, or the spouse of
the victim who suffers emotional distress, to submit an
affidavit and apply to the board of county
commissioners in the county where the sexual assault
occurred for certain treatment at county expense; and
(2) Authorizes a victim of a sexual assault who has suffered
emotional trauma to select a relative or close friend to
receive counseling with the victim under certain
circumstances. (NRS 217.310)
NACCA Legislative Overview 2013
Slide 461
AB 307
Section 10 of this bill provides that a victim
of a sexual assault must file a report with the
appropriate law enforcement agency or
submit to a forensic medical examination
before the victim, spouse, relative or close
friend may receive such treatment.
NACCA Legislative Overview 2013
Slide 462
AB 307
Section 10 amends NRS 217.310 as follows:
4. [The filing of] A victim must file a report
with the appropriate law enforcement agency
[is] or submit to a forensic medical
examination pursuant to NRS 217.300 as a
prerequisite for the victim or any other
person eligible to qualify for treatment under
the provisions of this section.
NACCA Legislative Overview 2013
Slide 463
AB 307
5. Whenever costs are incurred by a hospital for
treatment which has been approved by the board
of county commissioners pursuant to this section
for the victim of a sexual assault and any other
person eligible for treatment, the costs of the
treatment, not to exceed $1,000, must be charged
to the county which authorized the treatment. Any
remainder must be handled the same as other
hospital costs.
NACCA Legislative Overview 2013
Slide 464
AB 311
(Effective on 7/1/13)
Existing law prohibits holding a person in
involuntary servitude, assuming ownership over a
person, the purchase or sale of a person, trafficking
in persons, pandering and living from the earnings
of a prostitute. (NRS 200.463, 200.464, 200.465,
200.467, 200.468, 201.310-201.340)
Section 4 of this bill defines a victim of any of
those crimes as a “victim of human trafficking.”
NACCA Legislative Overview 2013
Slide 465
AB 311
Section 5 of this bill creates the Contingency
Account for Victims of Human Trafficking in the
State General Fund to be administered by the
Director of the Department of Health and Human
Services.
Section 5 also requires that funds in the
Contingency Account be expended only for
establishing or providing programs or services to
victims of human trafficking.
NACCA Legislative Overview 2013
Slide 466
AB 415
(Effective on 10/1/13)
Existing law provides that a misdemeanor is
punishable by a fine of not more than $1,000 or
imprisonment in the county jail for not more than 6
months, or by both a fine and imprisonment. (NRS
193.150)
Section 10 of this bill authorizes each county to
establish a community court pilot project within any
of its justice courts located in the county to provide
an alternative to sentencing a person who is charged
with certain misdemeanors.
NACCA Legislative Overview 2013
Slide 467
AB 415
Section 11 of this bill requires the
community court to evaluate each defendant
to determine whether services or treatment is
likely to assist the defendant to modify
behavior or obtain skills that may prevent the
defendant from engaging in further criminal
activity.
NACCA Legislative Overview 2013
Slide 468
AB 415
The services or treatment that the community court
may order the defendant to receive may include,
without limitation, treatment for alcohol or
substance abuse, health education, treatment for
mental health, family counseling, literacy
assistance, job training, housing assistance or any
other services or treatment that the community
court deems appropriate.
NACCA Legislative Overview 2013
Slide 469
AB 415
Section 11 provides that if the defendant
successfully completes all conditions imposed by
the community court, the sentence to which the
defendant agreed upon with the justice court must
not be executed or recorded.
If the defendant does not successfully complete the
conditions imposed, the case will be transferred
back to the justice court, and the sentence must be
carried out.
NACCA Legislative Overview 2013
Slide 470
AB 415
Sec. 10. 1. Each county may establish a
community court pilot project within any of the
justice courts located in the county to provide an
alternative to sentencing a person who is charged
with a misdemeanor, other than a misdemeanor
constituting an act of domestic violence pursuant
to NRS 33.018 or a violation of NRS 484C.110 or
484C.120.
NACCA Legislative Overview 2013
Slide 471
AB 415
2. Notwithstanding any other provision of
law, a defendant charged with a
misdemeanor, other than a misdemeanor
constituting an act of domestic violence
pursuant to NRS 33.018 or a violation of
NRS 484C.110 or 484C.120, may be
transferred to the community court by the
justice court if the defendant:
NACCA Legislative Overview 2013
Slide 472
AB 415
(a) Pleads guilty to the offense;
(b) Has not previously been referred to the
community court;
(c) Agrees to comply with the conditions imposed
by the community court; and
(d) Agrees to a sentence, including, without
limitation, a period of imprisonment in the county
jail, which must be carried out if the defendant
does not successfully complete the conditions
imposed by the community
court.
NACCA Legislative Overview 2013
Slide 473
AB 415
3. When a defendant is transferred to the
community court, sentencing must be postponed
and, if the defendant successfully completes all
conditions imposed by the community court, the
sentence of the defendant must not be executed or
appear on the record of the defendant.
If the defendant does not successfully complete all
conditions imposed by the community court, the
sentence must be carried out.
NACCA Legislative Overview 2013
Slide 474
AB 415
4. A defendant who is transferred to the community court
remains under the supervision of the community court and
must comply with the conditions established by the
community court.
5. Each county may collaborate with state and local
governmental entities as well as private persons and
entities to coordinate and determine the services and
treatment that may be offered to defendants who are
transferred to the community court.
NACCA Legislative Overview 2013
Slide 475
AB 415
6. A defendant does not have a right to be referred to the
community court pursuant to this section. It is not intended
that the establishment or operation of the community court
creates any right or interest in liberty or property or
establishes a basis for any cause of action against the State
of Nevada, its political subdivisions, agencies, boards,
commissions, departments, officers or employees.
The decision by the justice court of whether to refer a
defendant to the community court is not subject to appeal.
NACCA Legislative Overview 2013
Slide 476
AB 415
Sec. 11. 1. The community court shall provide for the
evaluation of each defendant transferred to the community
court to determine whether services or treatment is likely to
assist the defendant to modify his or her behavior or obtain
skills which may prevent the defendant from engaging in
further criminal activity.
Such services or treatment may include, without limitation,
treatment for alcohol or substance abuse, health
education, treatment for mental health, family counseling,
literacy assistance, job training, housing assistance or
such other services or treatment as the community court
deems appropriate.
NACCA Legislative Overview 2013
Slide 477
AB 415
2. The community court shall provide or refer a
defendant to a provider of such services or
treatment.
The community court may enter into contracts
with persons or private entities that are qualified
to evaluate defendants and provide services or
treatment to defendants.
NACCA Legislative Overview 2013
Slide 478
AB 415
3. A defendant who is ordered by the community
court to receive services or treatment shall pay for
the services or treatment to the extent of his or her
financial resources.
4. The justice court shall not refuse to refer a
defendant to the community court based on the
inability of the defendant to pay any or all of the
related costs.
NACCA Legislative Overview 2013
Slide 479
AB 415
5. The community court shall order a defendant to
perform a specified amount of community service
in addition to any services or treatment to which
the defendant is ordered to receive.
Such community service must be performed for
and under the supervising authority of a county,
city, town or other political subdivision or agency
of the State of Nevada or a charitable organization
that renders service to the community or its
residents.
NACCA Legislative Overview 2013
Slide 480
AB 415
6. Notwithstanding any other provision of law, if a
defendant successfully completes the conditions imposed
by the community court, the community court shall so
certify to the justice court, and the sentence imposed
pursuant to section 10 of this act must not be executed or
recorded.
If the defendant does not successfully complete the
conditions imposed by the community court, the case must
be transferred back to the justice court, and the sentence
must be carried out.
NACCA Legislative Overview 2013
Slide 481
AB 422
(Effective on 6/2/13)
Existing regulations provide that when an
offender committed to the custody of the
Department of Corrections dies, the coroner
is required to determine the necessity of an
autopsy where the death may be suspicious
or unnatural. (NDOC AR 420.09)
NACCA Legislative Overview 2013
Slide 482
AB 422
This bill requires the Director of the
Department to request an autopsy upon the
death of an offender where the next of kin of
the offender consents or fails to object to the
autopsy within 72 hours after the death.
NACCA Legislative Overview 2013
Slide 483
AB 422
Section 1. Chapter 209 of NRS is hereby amended by
adding thereto a new section to read as follows:
The Director, in consultation with the designated medical
director and the Inspector General of the Department,
shall request the coroner, or any other person so
authorized, to conduct an autopsy of any offender who dies
while in the custody of the Department, if the next of kin:
1. Consents to the autopsy; or
2. Does not notify the Director of any objection to
the autopsy within 72 hours after the death.
NACCA Legislative Overview 2013
Slide 484
AB 444
(Effective on 6/10/13)
This bill requires the Legislative Auditor to conduct
an audit of the fiscal costs of the death penalty in
Nevada. The audit must include, without limitation,
an examination and analysis of the costs of
prosecuting and adjudicating capital cases
compared to noncapital cases.
The Legislative Auditor is required to present a
final written report of the audit to the Audit
Subcommittee of the Legislative Commission on or
before January 31, 2015.
NACCA Legislative Overview 2013
Slide 485
AB 444
2. The audit conducted pursuant to this section must include
an examination and analysis concerning the costs of
prosecuting and adjudicating capital murder cases as
compared to noncapital murder cases, including, without
limitation, the costs relating to the death penalty borne by
the State of Nevada and by the local governments in this
State at each stage of the proceedings in capital murder
cases, including, without limitation, pretrial costs, trial costs,
appellate and post-conviction costs and costs of
incarceration such as:
NACCA Legislative Overview 2013
Slide 486
AB 444
(a) The costs of legal counsel involved in the
prosecution and defense of a capital murder
case for all pretrial, trial and post-conviction
proceedings; and
(b) Additional procedural costs involved in
capital murder cases as compared to
noncapital murder cases, including, without
limitation, costs relating to:
NACCA Legislative Overview 2013
Slide 487
AB 444
(1) The processing of bonds, including
costs for investigation by prosecutors,
police and other staff;
(2) The investigation of a case before a
person is charged with a crime, including
costs for investigation by the prosecution
and the defense;
(3) Pretrial motions;
(4) Extradition;
NACCA Legislative Overview 2013
Slide 488
AB 444
(5) Psychiatric and medical evaluations;
(6) Expert witnesses;
(7) Expenses for witnesses other than expert
witnesses, including, without limitation, expenses
for witnesses during the penalty phase;
(8) Facilities, including, without limitation, any
additional costs to the court, such as costs for
increased security;
(9) Juries;
NACCA Legislative Overview 2013
Slide 489
AB 444
(10) Sentencing proceedings;
(11) Appellate and post-conviction proceedings,
including motions, writs of certiorari and state and
federal petitions for post-conviction relief;
(12) Requests for clemency;
(13) The incarceration of persons awaiting trial in
capital murder cases and persons sentenced to
death; and
(14) The execution of a sentence of death, including
costs of facilities and staff.
NACCA Legislative Overview 2013
Slide 490
AB 444
3. The audit must also examine the fiscal
costs, including, without limitation, any
potential cost savings, of the death penalty
on:
(a) The use of plea bargaining in death
eligible cases;
(b) Strategic litigation choices by the
prosecution and the defense; and
(c) Sentencing.
NACCA Legislative Overview 2013
Slide 491
AB 468
(Effective on 6/12/13)
Section 1. There is hereby appropriated from
the State General Fund to the Department of
Corrections the sum of $1,902,000 for an
upgrade to and end-user training for the
Nevada Offender Tracking Information
System.
NACCA Legislative Overview 2013
Slide 492
AB 468
Sec. 2. Any remaining balance of the appropriation made by
section 1 of this act must not be committed for expenditure
after June 30, 2015, by the Department of Corrections or any
entity to which money from the appropriation is granted or
otherwise transferred in any manner, and any portion of the
appropriated money remaining must not be spent for any
purpose after September 18, 2015, by either the Department
of Corrections or the entity to which the money was
subsequently granted or transferred, and must be reverted to
the State General Fund on or before September 18, 2015.
NACCA Legislative Overview 2013
Slide 493
SB 18
(Effective on 5/29/13)
Existing law contains the Nevada Code of Military
Justice, which provides a system of adjudicating
guilt and punishing offenders within the Nevada
National Guard. (NRS 412.196-412.584)
Sections 8, 65 and 66 of this bill specify personal
and subject matter jurisdiction under the Code.
NACCA Legislative Overview 2013
Slide 494
SB 18
Existing law allows commanding officers to impose
certain types of nonjudicial punishment upon
servicemen and servicewomen under their
command. (NRS 412.286-412.302)
Sections 10-17, 67-70, 107 and 110 of this bill
modify provisions governing nonjudicial
punishment.
NACCA Legislative Overview 2013
Slide 495
SB 18
Existing law provides for courts-martial to
adjudicate certain offenses under the Code. (NRS
412.304-412.448)
Sections 18-32, 72-97 and 100-103 of this bill
revise provisions governing courts-martial.
NACCA Legislative Overview 2013
Slide 496
SB 18
Sections 30 and 31 provide that certain persons found
incompetent to stand trial by court-martial or not guilty by
reason of lack of mental responsibility in court-martial
proceedings are committed to the care of a suitable facility.
Section 97 gives general courts-martial the authority to
impose a punishment of confinement for up to 10 years.
Convicted servicemen and servicewomen serve their
confinement in civil jails, detention facilities, penitentiaries
or certain prisons. (NRS 412.276, 412.414)
NACCA Legislative Overview 2013
Slide 497
SB 18
Existing law specifies military offenses triable by courtsmartial. (NRS 412.452-412.562)
Sections 33-40 of this bill add to this list of offenses acting
as a spy, espionage, possession of controlled substances,
sexual assault, stalking, larceny, wrongful appropriation,
extortion and assault.
Section 41 of this bill specifies who may administer oaths
for the purposes of military administration, including
military justice.
Sections 42 and 43 of this bill specify how the Code is to be
construed.
NACCA Legislative Overview 2013
Slide 498
SB 18
Existing law provides that the Nevada National
Guard cannot discriminate on the basis of race,
creed, color, sex or national origin. (NRS 412.116)
Section 54 of this bill prohibits discrimination on
the basis of gender or sexual orientation as well,
while deleting language specifically prohibiting
discrimination based on sex.
NACCA Legislative Overview 2013
Slide 499
SB 18
Sec. 97. NRS 412.408 is hereby amended to read as follows:
1. The punishments which a court-martial may direct for an
offense may not exceed limits prescribed by this Code [.] ,
but a sentence may not exceed more than confinement for
10 years for a military offense nor can a sentence of death
be adjudged. Any conviction by general court-martial of
any military offense for which an accused can receive a
sentence of confinement for more than 1 year is a felony.
Except for convictions by a summary court-martial, all
other military offenses are misdemeanors. Any conviction
by a summary court-martial is not a criminal conviction.
NACCA Legislative Overview 2013
Slide 500
SB 19
(Effective on 7/1/13)
Existing law authorizes the governing body of each
city to enact an ordinance adopting the penalties set
forth in state law for a misdemeanor offense of
driving under the influence of intoxicating liquor or
a controlled substance. (NRS 484A.410)
This bill specifically authorizes the governing body
of each county to adopt such an ordinance.
NACCA Legislative Overview 2013
Slide 501
SB 19
This bill also provides that a person convicted of a
violation of a city or county ordinance prohibiting
driving under the influence is subject to the same
legal consequences as a person convicted of a
violation of the state law prohibiting the same or
similar conduct, including, without limitation,
consequences related to the revocation of the
driver’s license of a person convicted of driving
under the influence. (NRS 483.460)
NACCA Legislative Overview 2013
Slide 502
SB 19
Section 1. NRS 484A.410 is hereby amended to
read as follows:
1. The governing body of each city or county may
enact an ordinance adopting the penalties set forth
for misdemeanors in NRS 484C.400 for similar
offenses under city or county ordinance.
NACCA Legislative Overview 2013
Slide 503
SB 19
2. A person convicted of a violation of an ordinance
enacted by the governing body of a city or county that
prohibits the same or similar conduct as set forth in NRS
484C.110 or 484C.120 is subject to each provision of law
that applies to a person convicted of a violation of NRS
484C.110 or 484C.120, including, without limitation, the
revocation of the license, permit or privilege to drive of the
person pursuant to NRS 483.460.
Sec. 2. The amendatory provisions of this act apply to a
person convicted of a violation before, on or after July 1,
2013.
NACCA Legislative Overview 2013
Slide 504
SB 22
(Effective on 10/1/13)
Section 8 of this bill specifies that if a court orders
a person to make restitution to the Office of the
Attorney General for expenses relating to
extradition, the Office of the Attorney General must
assign the collection of such restitution to the State
Controller in accordance with the provisions of
existing law.
NACCA Legislative Overview 2013
Slide 505
SB 22
Section 4 of this bill authorizes the Office of the Extradition
Coordinator within the Office of the Attorney General to
establish a program that assists prosecuting attorneys and
law enforcement officers in this State in coordinating with
the United States Department of State to prevent criminal
offenders and certain persons charged with a crime from
obtaining or using a United States passport.
Section 4 also authorizes the Attorney General to adopt
regulations relating to such a program.
NACCA Legislative Overview 2013
Slide 506
SB 22
Section 5 of this bill provides that if the Nevada
Supreme Court holds that a provision of the Nevada
Constitution or the Nevada Revised Statutes
violates a provision of the Nevada Constitution or
the United States Constitution, the prevailing party
in the proceeding must provide a copy of the ruling
to the Office of the Attorney General.
NACCA Legislative Overview 2013
Slide 507
SB 22
Sections 6 and 7 of this bill apply this requirement to the
prevailing party in a proceeding in which a district court or
justice court holds that any such provision is
unconstitutional.
Section 2 of this bill requires the Office of the Attorney
General to provide to the Legislative Counsel an index of all
rulings it receives pursuant to sections 5-7 on or before
September 1 of each even-numbered year.
NACCA Legislative Overview 2013
Slide 508
SB 22
Sec. 7. Chapter 4 of NRS is hereby amended by adding
thereto a new section to read as follows:
If a justice court holds that a provision of the Nevada
Constitution or the Nevada Revised Statutes violates a
provision of the Nevada Constitution or the United States
Constitution, the prevailing party in the proceeding shall
provide a copy of the ruling to the Office of the Attorney
General.
NACCA Legislative Overview 2013
Slide 509
SB 25
(Effective on 7/1/13)
Section 1 of this bill authorizes the Attorney
General to investigate and prosecute any
alleged technological crime, pursue the
forfeiture of property relating to a
technological crime and bring an action to
enjoin or obtain any equitable relief to
prevent the occurrence or continuation of any
technological crime.
NACCA Legislative Overview 2013
Slide 510
SB 25
Existing law authorizes a district attorney to institute a civil proceeding
for the forfeiture of property used in the course of, intended for use in
the course of, derived from or gained through a technological crime.
Currently, the Attorney General may institute such a proceeding only if
the property at issue is seized by a state agency. (NRS 179.1229,
179.1231)
Section 1.5 of this bill removes this limitation on the authority of the
Attorney General and authorizes the institution of a forfeiture proceeding
by a district attorney or the Attorney General, as determined in each case
by an agreement between the district attorney and the Attorney General.
NACCA Legislative Overview 2013
Slide 511
SB 25
• Existing law describes certain actions
which constitute theft. (NRS 205.0832)
• Section 2 of this bill revises those
provisions to include the theft of audio or
visual services.
NACCA Legislative Overview 2013
Slide 512
SB 25
Section 1. Chapter 228 of NRS is hereby amended by
adding thereto a new section to read as follows:
1. The Attorney General may:
(a) Investigate and prosecute any alleged technological
crime.
(b) Pursue the forfeiture of property relating to a
technological crime in accordance with the provisions of
NRS 179.1211 to 179.1235, inclusive.
(c) Bring an action to enjoin or obtain any other equitable
relief to prevent the occurrence or continuation of a
technological crime.
NACCA Legislative Overview 2013
Slide 513
SB 25
A person commits theft if the person obtains services ,
including, without limitation, audio or visual services, or
parts, products or other items related to such services which
the person knows or, in the case of audio or visual services,
should have known are available only for compensation
without paying or agreeing to pay compensation or diverts
the services of another person to his or her own benefit or
that of another person without lawful authority to do so.
NACCA Legislative Overview 2013
Slide 514
SB 26
(Effective on 7/1/13)
This bill creates a statewide automated victim information
and notification system known as the Victim Information
Notification Everyday System.
The System consists of a toll-free telephone number and an
Internet website through which a victim of a crime or a
member of the public may register to receive certain
information concerning the transfer of the custody of an
offender or the release or escape from custody of an
offender sentenced to a term of imprisonment in a county
jail or the state prison.
NACCA Legislative Overview 2013
Slide 515
SB 26
6. The failure of the System to notify a victim of a
crime of a change in the custody status of an
offender does not establish a basis for any cause
of action by the victim or any other party against
the State, its political subdivisions, or the agencies,
boards, commissions, departments, officers or
employees of the State or its political subdivisions.
NACCA Legislative Overview 2013
Slide 516
SB 26
7. As used in this section:
(a) “Custody status” means the
transfer of the custody of an offender
or the release or escape from custody
of an offender.
(b) “Offender” means a person
convicted of a crime and sentenced to
imprisonment in a county jail or
in the state prison.
NACCA Legislative Overview 2013
Slide 517
SB 30
(Effective on 7/1/13)
Existing law requires the Central Repository for
Nevada Records of Criminal History and an agency
of criminal justice to provide records of criminal
history, upon request, to certain persons or
governmental entities. (NRS 179A.075, 179A.100)
NACCA Legislative Overview 2013
Slide 518
SB 30
This bill adds a multidisciplinary team to
review the death of a victim of a crime that
constitutes domestic violence to those
persons or governmental entities authorized
to receive certain information and records.
NACCA Legislative Overview 2013
Slide 519
SB 30
Sec. 3. Chapter 228 of NRS is hereby amended by adding
thereto a new section to read as follows:
In carrying out its duties pursuant to NRS 228.495, a
multidisciplinary team to review the death of the victim of
a crime that constitutes domestic violence pursuant to NRS
33.018 may have access to:
1. The information that is contained in the Central
Repository for Nevada Records of Criminal History
pursuant to NRS 179A.075.
2. The records of criminal history maintained by an agency
of criminal justice pursuant to NRS 179A.100.
NACCA Legislative Overview 2013
Slide 520
SB 45
(Effective on 7/1/13)
Existing law authorizes a person to petition the court in
certain circumstances for the sealing of all records of
criminal history relating to a conviction of a crime, the
dismissal or acquittal of charges or the setting aside of a
conviction of a crime. (NRS 179.245, 179.255)
Sections 6 and 7 of this bill revise provisions governing the
information that such a petition must include and generally
expand the applicability of certain provisions relating to the
sealing of such records to all agencies of criminal justice
which maintain the records.
NACCA Legislative Overview 2013
Slide 521
SB 45
Section 8 of this bill provides that each agency of criminal
justice named in an order for the sealing of records must be
provided a copy of the order.
Section 10 of this bill revises the definition of “agency of
criminal justice” by specifying that the term also includes a
subunit of any governmental agency which performs a
function in the administration of criminal justice pursuant to
a statute or executive order and which allocates a substantial
part of its budget to a function in the administration of
criminal justice.
NACCA Legislative Overview 2013
Slide 522
SB 45
SEALING CONVICTIONS:
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by the petitioner’s current, verified
records [of the petitioner’s criminal history] received from:
...
(2) [The local law enforcement agency] All agencies
of criminal justice which maintain such records
within the city or county in which the conviction was
entered;
NACCA Legislative Overview 2013
Slide 523
SB 45
(b) If the petition references NRS 453.3365
or 458.330, include a certificate of
acknowledgment or the disposition of the
proceedings for the records to be sealed
from all agencies of criminal justice which
maintain such records;
NACCA Legislative Overview 2013
Slide 524
SB 45
(d) Include information that, to the best knowledge
and belief of the petitioner, accurately and
completely identifies the records to be sealed [.] ,
including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific conviction to which the records
to be sealed pertain; and
(3) Date of arrest relating to the specific
conviction to which the records to be sealed
pertain.
NACCA Legislative Overview 2013
Slide 525
SB 45
4. If, after the hearing, the court finds that, in the period
prescribed in subsection 1, the petitioner has not been
charged with any offense for which the charges are pending
or convicted of any offense, except for minor moving or
standing traffic violations, the court may order sealed all
records of the conviction which are in the custody of [the
court, of another court in the State of Nevada] any agency of
criminal justice or [of a] any public or private agency,
company , [or] official or other custodian of records in the
State of Nevada,
NACCA Legislative Overview 2013
Slide 526
SB 45
and may also order all such [criminal identification] records
of the petitioner returned to the file of the court where the
proceeding was commenced from, including, [but not
limited to,] without limitation, the Federal Bureau of
Investigation, the California Bureau of Criminal
Identification and Information [,sheriffs’ offices] and all
[other law enforcement] agencies of criminal justice which
maintain such records and which are reasonably known by
either the petitioner or the court to have possession of such
records.
NACCA Legislative Overview 2013
Slide 527
SB 45
SEALING ACQUITTALS / DISMISSALS
3. A petition filed pursuant to subsection 1 or 2 must:
(a) Be accompanied by the petitioner’s current, verified
records received from [the local law enforcement agency]:
(1) The Central Repository for Nevada Records of
Criminal History; and
(2) All agencies of criminal justice which
maintain such records within the city or county in
which the petitioner appeared in court;
NACCA Legislative Overview 2013
Slide 528
SB 45
(b) Except as otherwise provided in paragraph (c), include
the disposition of the proceedings for the records to be
sealed;
(c) If the petition references NRS 453.3365 or 458.330,
include a certificate of acknowledgment or the disposition
of the proceedings for the records to be sealed from all
agencies of criminal justice which maintain such records;
NACCA Legislative Overview 2013
Slide 529
SB 45
(e) Include information that, to the best knowledge and
belief of the petitioner, accurately and completely identifies
the records to be sealed [.] , including, without limitation,
the:
(1) Date of birth of the petitioner;
(2) Specific charges that were dismissed or of which
the petitioner was acquitted; and
(3) Date of arrest relating to the specific charges
that were dismissed or of which the petitioner was
acquitted.
NACCA Legislative Overview 2013
Slide 530
SB 45
6. If, after the hearing on a petition submitted pursuant to
subsection 1, the court finds that there has been an acquittal
or that the charges were dismissed and there is no evidence
that further action will be brought against the person, the
court may order sealed all records of the arrest and of the
proceedings leading to the acquittal or dismissal which are
in the custody of [the court, of another court in the State of
Nevada] any agency of criminal justice or [of a] any public
or private company, agency , [or] official or other custodian
of records in the State of Nevada.
NACCA Legislative Overview 2013
Slide 531
SB 45
7. If, after the hearing on a petition submitted pursuant to
subsection 2, the court finds that the conviction of the
petitioner was set aside pursuant to NRS 458A.240, the
court may order sealed all records relating to the setting
aside of the conviction which are in the custody of [the
court, of another court in the State of Nevada] any agency of
criminal justice or [of a] any public or private company,
agency , [or] official or other custodian of records in the
State of Nevada.
NACCA Legislative Overview 2013
Slide 532
SB 45
Sec. 8. NRS 179.275 is hereby amended to read as follows:
Where the court orders the sealing of a record pursuant to
NRS 176A.265, 176A.295, 179.245, 179.255, 179.259,
453.3365 or 458.330, a copy of the order must be sent to:
...
2. Each agency of criminal justice and each public or
private company, agency , [or] official or other custodian of
records named in the order, and that person shall seal the
records in his or her custody which relate to the matters
contained in the order, shall advise the court of compliance
and shall then seal the order.
NACCA Legislative Overview 2013
Slide 533
SB 101
(Effective on 7/1/13)
Existing law authorizes the governing body
of each county or city to create a department
of alternative sentencing for the purposes of
supervising certain persons convicted of
misdemeanors and serving suspended
sentences or terms of residential
confinement. (Chapter 211A of NRS)
NACCA Legislative Overview 2013
Slide 534
SB 101
This bill:
(1) Authorizes a department of alternative
sentencing to supervise persons charged
with or convicted of misdemeanors, gross
misdemeanors or felonies who have been
released from custody before trial or
sentencing, subject to the conditions
imposed by the court;
NACCA Legislative Overview 2013
Slide 535
SB 101
(2) Provides that such persons are
generally subject to the same statutory
provisions as the other persons currently
supervised by a department of alternative
sentencing; and
(3) Revises the qualifications of the chief of a
department of alternative sentencing to
include experience in pretrial or presentence
release.
NACCA Legislative Overview 2013
Slide 536
SB 101
Section 1. Chapter 211A of NRS is hereby
amended by adding thereto a new section to read as
follows:
“Supervised releasee” means a person who has
been charged with or convicted of a misdemeanor,
gross misdemeanor or felony and who has been
released from custody before trial or sentencing,
subject to the conditions imposed by the court.
NACCA Legislative Overview 2013
Slide 537
SB 101
Sec. 3. NRS 211A.080 is hereby amended to read
as follows:
The governing body of each county or city may
create a department of alternative sentencing to
provide a program of supervision for probationers
[.] and supervised releasees in accordance with
any conditions imposed by the court.
NACCA Legislative Overview 2013
Slide 538
SB 101
2. If a supervised releasee has violated a condition
of his or her pretrial or presentence release, the
court may, upon its own motion or upon the report
and recommendation of the chief or an assistant,
do any or all of the following:
(a) Modify the conditions of his or her pretrial or
presentence release.
(b) Revoke his or her pretrial or presentencing
release.
(c) Consider the violation at the time of sentencing.
NACCA Legislative Overview 2013
Slide 539
SB 103
(Effective on 10/1/13)
This bill provides that an indictment must be found or an
information or complaint must be filed before the victim of
the sexual abuse of a child is:
(1) 36 years old if the victim discovers or reasonably should
have discovered that he or she was a victim of the sexual
abuse by the date on which the victim reaches 36 years of
age; or
(2) 43 years old if the victim does not discover and
reasonably should not have discovered that he or she was a
victim of the sexual abuse by the date on which the victim
reaches 36 years of age.
NACCA Legislative Overview 2013
Slide 540
SB 103
Sec. 4. The amendatory provisions of this act apply
to a person who:
1. Committed the sexual abuse of a child, as
defined in NRS 432B.100, before October 1,
2013, if the applicable period of limitation
has commenced but has not yet expired on
October 1, 2013.
2. Commits the sexual abuse of a child, as
defined in NRS 432B.100, on or after
October 1, 2013.
NACCA Legislative Overview 2013
Slide 541
SB 106
(Effective on 5/25/13)
Existing law authorizes a court to impose a collection fee for
certain delinquent fines, administrative assessments, fees
and restitution and authorizes the court to take certain
actions to collect such delinquent payments. (NRS 176.064)
Section 1 of this bill authorizes the court to enter a civil
judgment for the amount of any unpaid fines, administrative
assessments, fees and restitution imposed against a criminal
defendant.
NACCA Legislative Overview 2013
Slide 542
SB 106
Under section 1, the civil judgment may be
enforced and renewed in the same manner as a
judgment for money rendered in a civil action, and
a person who is not indigent and who has not
satisfied the civil judgment within a certain period
may be punished for contempt.
Section 1 also revises the purposes for which
money collected from collection fees imposed by a
court may be used.
NACCA Legislative Overview 2013
Slide 543
SB 106
3. The court may, on its own motion or at the
request of a state or local entity that is
responsible for collecting the delinquent fine,
administrative assessment, fee or restitution,
take any or all of the following actions, in the
following order of priority if practicable:
NACCA Legislative Overview 2013
Slide 544
SB 106
(a) Enter a civil judgment for the amount due in favor of
the state or local entity that is responsible for collecting the
delinquent fine, administrative assessment, fee or
restitution. A civil judgment entered pursuant to this
paragraph may be enforced and renewed in the manner
provided by law for the enforcement and renewal of a
judgment for money rendered in a civil action. If the court
has entered a civil judgment pursuant to this paragraph
and the person against whom the judgment is entered is
not indigent and has not satisfied the judgment within the
time established by the court, the person may be dealt with
as for contempt of court.
NACCA Legislative Overview 2013
Slide 545
SB 106
4. Money collected from a collection fee imposed pursuant
to subsection 1 must be distributed in the following manner:
(a) Except as otherwise provided in paragraph (d), if the
money is collected by or on behalf of a municipal court, the
money must be deposited in a special fund in the appropriate
city treasury. The city may use the money in the fund only to
develop and implement a program for the collection of fines,
administrative assessments, fees and restitution [.] and to
hire additional personnel necessary for the success of such
a program.
NACCA Legislative Overview 2013
Slide 546
SB 106
(b) Except as otherwise provided in
paragraph (d), if the money is collected by or
on behalf of a justice court or district court,
the money must be deposited in a special
fund in the appropriate county treasury. The
county may use the money in the special
fund only to:
NACCA Legislative Overview 2013
Slide 547
SB 106
(1) Develop and implement a program for the
collection of fines, administrative assessments, fees
and restitution [.] and to hire additional personnel
necessary for the success of such a program; or
(2) Improve the operations of a court by providing
funding for:
(I) A civil law self-help center; or
(II) Court security personnel and equipment
for a regional justice center that includes
the justice courts of that county.
NACCA Legislative Overview 2013
Slide 548
SB 136
(Effective on 10/1/13)
Existing law provides that homicide committed by a
public officer, or a person acting under the
command and in aid of the public officer, is
justifiable under certain circumstances. (NRS
200.140)
This bill provides that homicide by such a person is
also justifiable when necessary in protecting against
an imminent threat to the life of a person.
NACCA Legislative Overview 2013
Slide 549
SB 139
(Effective on 10/1/13)
Existing law provides that if a person commits certain crimes because of
a victim’s actual or perceived race, color, religion, national origin,
physical or mental disability or sexual orientation:
(1) The person who committed the crime is subject to an additional
penalty;
(2) Unless a greater penalty is provided by law, the person who
committed the crime is guilty of a gross misdemeanor; and
(3) A person injured by the crime may bring a civil action against the
person who committed the crime. (NRS 41.690, 193.1675, 207.185)
NACCA Legislative Overview 2013
Slide 550
SB 139
Further, existing law requires the Director of the
Department of Public Safety to establish a Program
for Reporting Crimes that is designed to collect,
compile and analyze statistical data about crimes
that manifest evidence of prejudice based on race,
color, religion, national origin, physical or mental
disability or sexual orientation. (NRS 179A.175)
NACCA Legislative Overview 2013
Slide 551
SB 139
This bill expands those provisions to include:
(1)Certain additional crimes based on the
categories used by the Federal Bureau of
Investigation to compile statistics
concerning hate crimes; and
(2)Cases in which a person commits a crime
because of the victim’s actual or
perceived gender identity or expression.
NACCA Legislative Overview 2013
Slide 552
SB 139
“Gender identity or expression” =
The gender-related
identity,
appearance,
expression, or
behavior of a person,
regardless of the person’s assigned sex at
birth.
NACCA Legislative Overview 2013
Slide 553
SB 141
(Effective on 7/1/13; expires by limitation on 6/30/15)
Existing law requires an agency of
criminal justice, upon request, to
disseminate records of criminal history
to certain persons and governmental
entities. (NRS 179A.100)
NACCA Legislative Overview 2013
Slide 554
SB 141
This bill requires an agency of criminal
justice to disseminate a record of criminal
history to a court appointed special advocate
program in a county whose population is less
than 100,000, (currently counties other
than Clark and Washoe Counties) as
needed to ensure the safety of a child for
whom a special advocate has been appointed.
NACCA Legislative Overview 2013
Slide 555
SB 175
(Effective on 5/23/13)
Under prior law, a chemical solution or gas used in
calibrating a device for testing a person’s breath to
determine the concentration of alcohol in his or her breath
was presumed to be properly prepared and suitable for use in
calibrating the device if:
(1) A manufacturer or technician in a laboratory prepared
the chemical solution or gas; and
(2) The technician made an affidavit or declaration that the
solution or gas had the chemical composition that was
necessary for calibrating the device. (NRS 484C.190,
488.510)
NACCA Legislative Overview 2013
Slide 556
SB 175
Prior law further provided that the affidavit
or declaration of the person who prepared the
chemical solution or gas was admissible in a
criminal or administrative proceeding to
prove that the solution or gas had the
chemical composition necessary for
accurately calibrating the device. (NRS
50.315)
NACCA Legislative Overview 2013
Slide 557
SB 175
This bill revises provisions governing the
manner in which a chemical solution or gas
is determined to have the chemical
composition necessary for accurately
calibrating, or verifying the calibration of, a
device for testing a person’s breath to
determine the concentration of alcohol in his
or her breath.
NACCA Legislative Overview 2013
Slide 558
SB 175
Rather than requiring an affidavit or declaration by
the person who prepares the chemical solution or
gas, sections 1 and 2 of this bill provide that the
chemical solution or gas used in calibrating, or
verifying the calibration of, a device is presumed to
be properly prepared and suitable for use in
calibrating, or verifying the calibration of, a device
if a person who is certified to calibrate a device by
the Director of the Department of Public Safety
under existing law and regulations:
NACCA Legislative Overview 2013
Slide 559
SB 175
(1) Examines the chemical solution or gas;
(2) Confirms the concentration of alcohol contained
in the chemical solution or gas; and
(3) Makes an affidavit or declaration which
identifies the concentration of alcohol in the
chemical solution or gas and which states that
the chemical solution or gas has the chemical
composition that is necessary for use in
accurately calibrating, or verifying the
calibration of, a device.
NACCA Legislative Overview 2013
Slide 560
SB 175
Under section 3 of this bill, the affidavit or
declaration of the person who examined the
chemical solution or gas is admissible in a
criminal or administrative proceeding to
prove that the chemical solution or gas has
the chemical composition necessary for
accurately calibrating, or verifying the
calibration of, a device.
NACCA Legislative Overview 2013
Slide 561
SB 175
Section 4 of this bill provides that the
amendatory provisions of this bill do not
affect tests to determine the concentration of
alcohol in a person’s breath that are
performed before the effective date of this
bill.
NACCA Legislative Overview 2013
Slide 562
SB 175
Section 1. NRS 484C.190 is hereby amended to read as
follows:
If:
1. A manufacturer or technician in a laboratory prepares a
chemical solution or gas to be used in calibrating , or to
verify the calibration of, a device for testing a person’s
breath to determine the concentration of alcohol in his or her
breath; and
NACCA Legislative Overview 2013
Slide 563
SB 175
2. [The technician] A person who is certified pursuant to
NRS 484C.620 examines the solution or gas, confirms the
concentration of alcohol contained in the solution or gas,
and makes an affidavit or declaration that identifies the
concentration of alcohol contained in the solution or gas
and states that the solution or gas has the chemical
composition that is necessary for use in accurately
calibrating , or verifying the calibration of, the device,
it is presumed that the solution or gas has been
properly prepared and is suitable for use in
calibrating , or verifying the calibration of, the
device.
NACCA Legislative Overview 2013
Slide 564
SB 175
Sec. 2. NRS 488.510 is hereby amended to read as follows:
If:
1. A manufacturer or technician in a laboratory prepares a
chemical solution or gas to be used in calibrating , or to
verify the calibration of, a device for testing a person’s
breath to determine the concentration of alcohol in his or her
breath; and
NACCA Legislative Overview 2013
Slide 565
SB 175
2. [The technician] A person who is certified pursuant to
NRS 484C.620 examines the solution or gas, confirms the
concentration of alcohol contained in the solution or gas
and makes an affidavit or declaration that identifies the
concentration of alcohol contained in the solution or gas
and states that the solution or gas has the chemical
composition that is necessary for use in accurately
calibrating , or verifying the calibration of, the device,
it is presumed that the solution or gas has been properly
prepared and is suitable for use in calibrating , or verifying
the calibration of, the device.
NACCA Legislative Overview 2013
Slide 566
SB 175
NRS 50.315:
2. Except as otherwise provided in subsections 6 and 7, the
affidavit or declaration of a person who has examined a
prepared [a] chemical solution or gas that has been used in
calibrating , or verifying the calibration of, a device for
testing another’s breath to determine the concentration of
alcohol in his or her breath is admissible in evidence in any
criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant; and
(b) That the solution or gas has the chemical composition
necessary for use in accurately calibrating [it.] , or verifying the
calibration of, the device.
NACCA Legislative Overview 2013
Slide 567
SB 189
(Effective on 10/1/13)
Existing law provides that a person is guilty of:
(1) A category D felony if the person commits an
assault upon a provider of health care; and
(2) A category B felony if the person commits an
assault upon a provider of health care with the
use of a deadly weapon or the present ability to
use a deadly weapon. (NRS 200.471)
NACCA Legislative Overview 2013
Slide 568
SB 189
Existing law also provides that a person is guilty of:
(1) A category B felony if the person commits a
battery upon a provider of health care which
causes substantial bodily harm or is committed
by strangulation; and
(2) A gross misdemeanor if the person commits a
battery upon a provider of health care and the
person knew or should have known that the
victim was a provider of health care. (NRS
200.481)
NACCA Legislative Overview 2013
Slide 569
SB 189
This bill revises the definition of provider of
health care to include a
medical student,
dental student,
dental hygienist student and
pharmacy student
for the purposes of enhancing the penalties
for the crimes of assault and battery against
such a person. NACCA Legislative Overview 2013
Slide 570
SB 224
(Effective on 7/1/13, and expires by limitation on 6/30/15)
This bill requires a court to impose a fee of $100,
in addition to any other administrative assessment,
penalty or fine imposed, if a person pleads guilty,
guilty but mentally ill or nolo contendere to, or is
found guilty of, a charge of driving under the
influence of intoxicating liquor or a controlled
substance that is punishable as a misdemeanor.
NACCA Legislative Overview 2013
Slide 571
SB 224
If the fee of $100 is not within a defendant’s
present ability to pay, the justice or judge
may require the equivalent community
service to be performed.
NACCA Legislative Overview 2013
Slide 572
SB 224
Under this bill, the money collected for this fee is deposited
with the State Controller for credit to a special account in the
State General Fund administered by the Office of Court
Administrator and money apportioned to a court from this
fee must be used by the court for certain purposes related to
specialty court programs.
This bill allows the Office of Court Administrator to accept
money from gifts, grants and other sources to apportion to
courts that provide specialty court programs for those same
purposes.
NACCA Legislative Overview 2013
Slide 573
SB 224
This bill also requires a court that provides a
specialty court program to submit reports
concerning the program to the Office of
Court Administrator.
NACCA Legislative Overview 2013
Slide 574
SB 224
Section 1. Chapter 484C of NRS is hereby amended by
adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, if a
defendant who is charged with a violation of NRS
484C.110 or 484C.120 that is punishable as a
misdemeanor pursuant to paragraph (a) or (b) of
subsection 1 of NRS 484C.400 pleads guilty, guilty but
mentally ill or nolo contendere to, or is found guilty or
guilty but mentally ill of, that charge, . . .
NACCA Legislative Overview 2013
Slide 575
SB 224
the justice or judge shall include in the sentence,
in addition to any other penalty or administrative
assessment provided by law, a fee of $100 for the
provision of specialty court programs and render a
judgment against the defendant for the fee.
If a defendant is sentenced to perform community
service in lieu of a fine, the sentence must include
the fee required pursuant to this subsection.
NACCA Legislative Overview 2013
Slide 576
SB 224
2. If the fee pursuant to subsection 1:
(a) Is not within the defendant’s present ability to pay, the
justice or judge may include in the sentence, in addition to
any other penalty or administrative assessment provided by
law, community service for a reasonable number of hours,
the value of which would be commensurate with the fee.
(b) Is not entirely within the defendant’s present ability to
pay, the justice or judge may include in the sentence, in
addition to any other penalty or administrative assessment
provided by law, a reduced fee and community service for a
reasonable number of hours, the value of which would be
commensurate with the amount of the reduction of the fee.
NACCA Legislative Overview 2013
Slide 577
SB 224
3. The money collected for the specialty courts fee must not
be deducted from any fine imposed by the justice or judge
but must be collected from the defendant in addition to the
fine. The money collected for such a fee must be stated
separately on the court’s docket. If the justice or judge
cancels a fine because the fine has been determined to be
uncollectible, any balance of the fine and the specialty
courts fee remaining unpaid shall be deemed to be
uncollectible and the defendant is not required to pay
them. If a fine is determined to be uncollectible, the
defendant is not entitled to a refund of any amount of the
fine or fee that the defendant has paid.
NACCA Legislative Overview 2013
Slide 578
SB 224
4. A justice or judge shall, if requested by a
defendant, allow a specialty courts fee to be
paid in installments under terms established
by the justice or judge.
NACCA Legislative Overview 2013
Slide 579
SB 224
6. The money collected for a specialty courts fee pursuant
to this section in municipal court must be paid by the clerk
of the court to the city treasurer on or before the fifth day
of each month for the preceding month. On or before the
15th day of that month, the city treasurer shall deposit the
money received for each specialty courts fee with the State
Controller for credit to a special account in the State
General Fund administered by the Office of Court
Administrator..
NACCA Legislative Overview 2013
Slide 580
SB 224
7. The money collected for a specialty courts fee pursuant
to this section in justice courts must be paid by the clerk of
the court to the county treasurer on or before the fifth day
of each month for the preceding month. On or before the
15th day of that month, the county treasurer shall deposit
the money received for each specialty courts fee with the
State Controller for credit to a special account in the State
General Fund administered by the Office of Court
Administrator.
NACCA Legislative Overview 2013
Slide 581
SB 224
8. Money that is apportioned to a court from specialty
courts fees pursuant to this section must be used by the
court to:
(a) Pay for any level of treatment, including, without
limitation, psychiatric care, required for successful
completion and testing of persons who participate in the
program; and
(b) Improve the operations of the specialty court program
by any combination of:
(1) Acquiring necessary capital goods;
(2) Providing for personnel to staff and oversee the
specialty court program;
NACCA Legislative Overview 2013
Slide 582
SB 224
(3) Providing training and education to personnel;
(4) Studying the management and operation of the program;
(5) Conducting audits of the program;
(6) Providing for district attorney and public defender representation;
(7) Acquiring or using appropriate technology;
(8) Providing capital for building facilities necessary to house persons
who participate in the program;
(9) Providing funding for employment programs for persons who
participate in the program; and
(10) Providing funding for statewide public information campaigns
necessary to deter driving under the influence of intoxicating liquor or
a controlled substance.
NACCA Legislative Overview 2013
Slide 583
SB 224
10. A court that provides a specialty court program shall,
as required by the Office of Court Administrator, submit a
report to the Office of Court Administrator concerning the
program. The report must include:
(a) Demographic and statistical information concerning
the participants in the program, including, without
limitation, the age, gender, race and ethnicity of the
participants;
NACCA Legislative Overview 2013
Slide 584
SB 224
(b) Statistical information concerning the operation of the
program, including, without limitation, the number of
participants in the program, the nature of the criminal
charges that were filed against participants, the number of
participants who have completed the program and the rate
of recidivism among participants; and
(c) Any other information required by the Office of Court
Administrator.
NACCA Legislative Overview 2013
Slide 585
SB 224
On or before January 1 of each odd-numbered year, the Office of
Court Administrator shall submit a copy of the report to the Director of
the Legislative Counsel Bureau.
11. As used in this section:
(a) “Office of Court Administrator” means the Office of Court
Administrator created pursuant to NRS 1.320; and
(b) “Specialty court program” means a program established by a court
to facilitate testing, treatment and oversight of certain persons over
whom the court has jurisdiction and who the court has determined
suffer from a mental illness or who abuse alcohol or drugs. Such a
program includes, without limitation, a program established pursuant
to NRS 176A.250 or 453.580.
NACCA Legislative Overview 2013
Slide 586
SB 243
(Effective on 7/1/13)
Existing law requires the board of county commissioners of
each county to designate a forensic laboratory to conduct
and oversee any genetic marker analysis that is required by
law. (NRS 176.0917)
Section 11 of this bill establishes the State DNA Database,
which is to be overseen, managed and administered by the
Forensic Science Division of the Washoe County Sheriff’s
Office. Section 12 of this bill specifies the duties and
responsibilities of forensic laboratories with respect to DNA
records.
NACCA Legislative Overview 2013
Slide 587
SB 243
Under existing law, if a defendant is convicted of a felony or
certain other specified offenses, the court, as part of the
defendant’s sentence, must order that a biological specimen
be obtained from the defendant and that the specimen be
used for analysis to determine the genetic markers of the
specimen. (NRS 176.0911-176.0917)
Section 13 of this bill requires that a biological specimen be
obtained if a person is arrested for a felony. Section 13
provides that if the person is convicted of the felony, the
biological specimen must be kept, but if the person is not
convicted, the biological specimen must be destroyed and all
records relating thereto must be purged from all databases.
NACCA Legislative Overview 2013
Slide 588
SB 243
Existing law prohibits a person from sharing or disclosing
certain information relating to another person’s biological
specimen or genetic marker analysis and makes such
conduct punishable as a misdemeanor. (NRS 176.0913,
176.0916)
Sections 13, 21 and 23 of this bill increase the penalty for
such conduct from a misdemeanor to a category C felony.
NACCA Legislative Overview 2013
Slide 589
SB 243
Section 15 of this bill imposes an additional
administrative assessment of $3 on a person
convicted of a misdemeanor, gross misdemeanor or
felony.
Section 15 also provides that the money collected
from the assessments must be used to defray the
costs associated with obtaining biological
specimens and conducting genetic marker analysis.
NACCA Legislative Overview 2013
Slide 590
SB 243
Sec. 15. 1. In addition to any other administrative assessment imposed,
when a defendant pleads guilty, is found guilty or enters a plea of nolo
contendere to a misdemeanor, gross misdemeanor or felony, including
the violation of any municipal ordinance, on or after July 1, 2013, the
justice or judge of the justice, municipal or district court, as applicable,
shall include in the sentence the sum of $3 as an administrative
assessment for obtaining a biological specimen and conducting a
genetic marker analysis and shall render a judgment against the
defendant for the assessment.
If a defendant is sentenced to perform community service in lieu of a
fine, the sentence must include the administrative assessment required
pursuant to this subsection.
NACCA Legislative Overview 2013
Slide 591
SB 243
2. The money collected for an administrative assessment
for obtaining a biological specimen and conducting a
genetic marker analysis must not be deducted from the fine
imposed by the justice or judge but must be taxed against
the defendant in addition to the fine.
The money collected for such an administrative assessment
must be stated separately on the court’s docket and must be
included in the amount posted for bail.
If bail is forfeited, the administrative assessment included
in the bail pursuant to this subsection must be disbursed
pursuant to subsection 3.
NACCA Legislative Overview 2013
Slide 592
SB 243
If the defendant is found not guilty or the charges are
dismissed, the money deposited with the court must be
returned to the defendant.
If the justice or judge cancels a fine because the fine has
been determined to be uncollectible, any balance of the
fine and the administrative assessment remaining unpaid
shall be deemed to be uncollectible, and the defendant is
not required to pay it.
If a fine is determined to be uncollectible, the defendant is
not entitled to a refund of the fine or administrative
assessment he or she has paid, and the justice or judge
shall not recalculate the administrative assessment.
NACCA Legislative Overview 2013
Slide 593
SB 243
4. The money collected for an administrative
assessment for the provision of genetic marker
analysis must be paid by the clerk of the court to
the county treasurer on or before the fifth day of
each month for the preceding month for credit to
the fund for genetic marker analysis pursuant to
NRS 176.0915.
NACCA Legislative Overview 2013
Slide 594
SB 243
Sec. 16. Any person authorized to collect a
biological specimen pursuant to NRS
176.0911 to 176.0917, and sections 2 to 16,
inclusive, of this act, may not be held civilly
or criminally liable for any act relating to
the collection of a biological specimen if the
person performed that act in good faith and
in a reasonable manner.
NACCA Legislative Overview 2013
Slide 595
SB 243
Note re: AA Fee:
Sec. 34. 1. Except as otherwise provided in subsection 2, the
amendatory provisions of this act apply to a person who is
arrested on or after July 1, 2014.
2. The provisions of:
(a) Section 15 (AA) of this act apply to a person who pleads
guilty, is found guilty or enters a plea of nolo contendere to
a misdemeanor, gross misdemeanor or felony, including the
violation of any municipal ordinance, on or after July 1,
2013.
NACCA Legislative Overview 2013
Slide 596
SB 268
(Effective on 10/1/13)
Federal law authorizes, but does not require,
telecommunications carriers to provide call location
information concerning the user of a commercial mobile
service in certain emergency situations. (47 U.S.C. §
222(d)(4))
Section 5 of this bill requires a provider of wireless
telecommunications to provide, upon the request of a law
enforcement agency, the most accurate call location
information readily available concerning the
telecommunications device of a user to assist the law
enforcement agency in certain emergency situations.
NACCA Legislative Overview 2013
Slide 597
SB 268
Section 6 of this bill requires a provider of wireless
telecommunications to submit its emergency contact
information to the Department of Public Safety to facilitate
such requests from law enforcement agencies.
Section 6 also requires the Department to maintain a
database of such emergency contact information and to
make the information available to a law enforcement agency
immediately upon request.
Section 7 of this bill authorizes the Department to adopt any
necessary regulations to carry out the provisions of this bill.
NACCA Legislative Overview 2013
Slide 598
SB 268
Sec. 5. 1. Upon the request of a law enforcement agency, a
provider of wireless telecommunications shall provide call
location information concerning the telecommunications
device of a user to assist the law enforcement agency in
responding to a call for emergency services or in an
emergency situation that involves the immediate risk of
death or serious physical harm.
The provider of wireless telecommunications shall provide
the most accurate call location information readily
available, given any technical or other limitations that may
affect the accuracy of the call location information in the
relevant area.
NACCA Legislative Overview 2013
Slide 599
SB 268
2. Notwithstanding any other provision of law, nothing in
this section prohibits a provider of wireless
telecommunications from establishing any protocols which
enable the provider to disclose call location information
voluntarily in an emergency situation that involves the
immediate risk of death or serious physical harm.
3. No cause of action may be brought against any provider
of wireless telecommunications, its officers, employees or
agents for providing call location information while acting
in good faith and in accordance with the provisions of
sections 2 to 7, inclusive, of this act.
NACCA Legislative Overview 2013
Slide 600
SB 364
(Effective on 7/1/13)
Existing law prohibits any person, while on
county courthouse property, from soliciting
another person to be married by a marriage
commissioner or justice of the peace or at a
commercial wedding chapel. (NRS 122.215)
Section 7 of this bill extends this prohibition
to all county property where marriage
licenses are issued.
NACCA Legislative Overview 2013
Slide 601
SB 364
Sec. 7. NRS 122.215 is hereby amended to read as
follows:
It is unlawful for any county employee, commercial
wedding chapel employee or other person to solicit
or otherwise influence, while on county
[courthouse] property [,] where marriage licenses
are issued, any person to be married by a marriage
commissioner or justice of the peace or at a
commercial wedding chapel.
NACCA Legislative Overview 2013
Slide 602
SB 388
(Effective on 10/1/13)
(Technical Changes)
Existing law provides that a person who incites, entices or
solicits a minor to engage in acts which constitute the
infamous crime against nature is guilty of a crime.
Existing law further defines the “infamous crime against
nature” as anal intercourse, cunnilingus or fellatio between
natural persons of the same sex. (NRS 201.195)
Section 20 of this bill repeals the crime of solicitation of a
minor to engage in acts constituting the infamous crime
against nature.
NACCA Legislative Overview 2013
Slide 603
SB 388
Existing law defines the term “sexual conduct” for the
crimes of: (1) the unlawful exhibition and sale of obscene
material to minors; and (2) the unlawful voluntary sexual
conduct between a prisoner and another person. (NRS
201.263, 212.187)
Sections 1 and 15 of this bill remove the term
“homosexuality,” and replace the term “sexual intercourse”
with the term “sexual penetration,” for the purposes of
defining “sexual conduct.”
NACCA Legislative Overview 2013
Slide 604
SB 388
Existing law provides that a person commits the crime of
luring a child when he or she knowingly contacts or
communicates with or attempts to contact or communicate
with another person whom he or she believes to be a child
who is less than 16 years of age and at least 5 years younger
than he or she is, with the intent to persuade or lure that
person to engage in sexual conduct. (NRS 201.560)
Section 1.5 of this bill provides that the crime of luring a
child includes contacting or communicating with the person
believed to be a child with the intent to solicit that person to
engage in sexual conduct.
NACCA Legislative Overview 2013
Slide 605
SB 388
Existing law provides that a member of the Nevada National
Guard is generally subject to disciplinary proceedings
through a court-martial. However, for certain crimes,
including the infamous crime against nature, a member is
subject to the jurisdiction of the civil courts. (NRS 412.562)
Section 19 of this bill removes the reference to the infamous
crime against nature, thereby deleting that particular offense
from the jurisdiction of the civil courts.
NACCA Legislative Overview 2013
Slide 606
SB 410
(Effective on 7/1/13)
Section 4 of this bill authorizes a governmental
entity, a tax-exempt nonprofit corporation, a public
health program, a licensed medical facility or a
person who has a tax-exempt nonprofit corporation
as a fiscal sponsor, to establish a program for the
safe distribution and disposal of hypodermic
devices.
Section 4.5 of this bill requires the State Board of
Health to establish guidelines governing such a
program.
NACCA Legislative Overview 2013
Slide 607
SB 410
Sections 5-7 of this bill enact provisions governing the
operation of a sterile hypodermic device program,
including, without limitation, the training of the staff and
volunteers of the program and the devices, material and
information that a program may provide.
Section 8 of this bill provides that the State, any of its
political subdivisions and a sterile hypodermic device
program and its staff and volunteers are exempt from civil
liability relating to the operation of a sterile hypodermic
device program.
NACCA Legislative Overview 2013
Slide 608
SB 410
Section 9 of this bill:
(1)Provides for the confidentiality of any
record which is obtained or created in the
operation of a sterile hypodermic device
program;
(2)Provides that such records are not
discoverable or admissible in criminal
proceedings;
NACCA Legislative Overview 2013
Slide 609
SB 410
(3) Prohibits the use of records obtained from a
sterile hypodermic device program as a basis for
initiating a criminal charge, or to substantiate a
criminal charge, against a person who participates
in the program; and
(4) Provides that the staff and volunteers of a sterile
hypodermic device program cannot be compelled to
provide evidence in criminal proceedings
concerning information known to the staff member
or volunteer through the program.
NACCA Legislative Overview 2013
Slide 610
SB 410
Existing law prohibits the possession of a
controlled substance. (NRS 453.336)
Section 11 of this bill provides that a person
does not violate this provision if he or she
has a trace amount of a controlled substance
that is in or on a hypodermic device that was
obtained from a sterile hypodermic device
program.
NACCA Legislative Overview 2013
Slide 611
SB 410
Existing law prohibits the delivery, sale, possession or
manufacture of certain drug paraphernalia when the person
engaging in the act reasonably should know that it will be
used for an illegal purpose. (NRS 453.560) Existing law
further makes it a felony for a person to deliver drug
paraphernalia to a minor who is at least 3 years younger than
the person. (NRS 453.562)
Section 12 of this bill removes hypodermic devices from the
list of items that may be found to constitute drug
paraphernalia.
NACCA Legislative Overview 2013
Slide 612
SB 410
Existing law authorizes the sale of hypodermic
devices which are not restricted by federal law to
being sold by prescription to be sold without a
prescription for certain limited purposes. (NRS
454.480)
Section 15 of this bill removes the restrictions so
that hypodermic devices may be sold or furnished
without a prescription for any purpose so long as
the sale of such devices is not restricted by federal
law.
NACCA Legislative Overview 2013
Slide 613
SB 410
Section 16 of this bill repeals a provision
which makes it a misdemeanor to use or
allow the use of a hypodermic device for a
purpose other than that for which it was
purchased,
because the specific uses were removed in
section 15.
NACCA Legislative Overview 2013
Slide 614
SB 419
(Effective on 10/1/13)
Sec. 15. NRS 122.220 is hereby amended to read as follows:
1. It is unlawful for any Supreme Court justice, judge of a district court,
justice of the peace, municipal judge, minister or other [person] church
or religious official authorized to solemnize a marriage, notary public,
commissioner of civil marriages or deputy commissioner of civil
marriages to join together as husband and wife persons allowed by law
to be joined in marriage, until the persons proposing such marriage
exhibit to him or her a license from the county clerk as provided by law.
2. Any Supreme Court justice, judge of a district court, justice of the
peace, municipal judge, minister or other [person] church or religious
official authorized to solemnize a marriage, notary public, commissioner
of civil marriages or deputy commissioner of civil marriages who
violates the provisions of subsection 1 is guilty of a misdemeanor.
NACCA Legislative Overview 2013
Slide 615
SB 420
(Effective on 10/1/13)
Existing law authorizes the prosecuting attorney or the
attorney for the defendant in a criminal proceeding to issue
subpoenas for witnesses within the State to appear before the
court at which an indictment, information or criminal
complaint is to be tried. (NRS 174.315)
Section 2 of this bill additionally specifies that a prosecuting
attorney or an attorney for a defendant may issue subpoenas
for such witnesses to appear before the court at which a
preliminary hearing is to be held. Section 2 also provides
that a peace officer may accept delivery of a subpoena in
lieu of service, via electronic means.
NACCA Legislative Overview 2013
Slide 616
SB 420
Existing law also provides that a person who,
without an adequate excuse, fails to obey a
subpoena of a court or a prosecuting attorney that
was served upon the person or that was delivered to
the person and accepted is in contempt of the court
from which the subpoena was issued or in which
the investigation is pending or the indictment,
information or complaint is to be tried. (NRS
174.385)
NACCA Legislative Overview 2013
Slide 617
SB 420
Section 3 of this bill provides that a person
who fails to obey a subpoena of an attorney
for a defendant is also in contempt of court.
Section 3 also specifies that a person who
fails to obey a subpoena of a prosecuting
attorney or an attorney for a defendant is in
contempt of the court in which a preliminary
hearing is to be held.
NACCA Legislative Overview 2013
Slide 618
SB 420
4. A peace officer may accept delivery of a
subpoena in lieu of service, via electronic
means, by providing a written promise to
appear that is transmitted electronically by
any appropriate means, including, without
limitation, by electronic mail transmitted
through the official electronic mail system
of the law enforcement agency which
employs the peace officer.
NACCA Legislative Overview 2013
Slide 619
SB 420
6. Any subpoena issued by an attorney for a defendant for
a witness to appear before the court at which a preliminary
hearing is to be held must be calendared by filing a motion
that includes a notice of hearing setting the matter for
hearing not less than 2 full judicial days after the date on
which the motion is filed.
A prosecuting attorney may oppose the motion orally in
open court. A subpoena that is properly calendared
pursuant to this subsection may be served on the witness
unless the court quashes the subpoena.
NACCA Legislative Overview 2013
Slide 620
SB 420
Sec. 3. NRS 174.385 is hereby amended to read as follows:
Failure by any person without an adequate excuse to obey a
subpoena of a court , [or] a prosecuting attorney or an
attorney for a defendant served upon the person or, in the
case of a subpoena issued by a prosecuting attorney [,] or an
attorney for a defendant, delivered to the person and
accepted, shall be deemed a contempt of the court from
which the subpoena issued or, in the case of a subpoena
issued by a prosecuting attorney [,] or an attorney for a
defendant, of the court in which [the] a preliminary hearing
is to be held, an investigation is pending or [the] an
indictment, information or complaint is to be tried.
NACCA Legislative Overview 2013
Slide 621
SB 434
(Effective on 7/1/13)
Section 1 of this bill authorizes a peace officer, without a
warrant, to seize any vessel: (1) which is being operated
with any improper number, certificate of number or
certificate of ownership; (2) which the peace officer has
probable cause to believe has been stolen; (3) on which any
hull number or other identifying mark has been falsely
attached, removed, defaced, altered or obliterated; or (4)
which contains a part with a certain identification number or
other distinguishing number or mark which has been falsely
attached, removed, defaced, altered or obliterated.
NACCA Legislative Overview 2013
Slide 622
SB 434
Section 1 also authorizes a law enforcement
agency to treat the vessel as abandoned and
to proceed in the manner set forth in existing
law for the disposal of an abandoned vessel.
NACCA Legislative Overview 2013
Slide 623
SB 434
Prior law required the operator of a vessel involved
in a collision, accident or other casualty to file with
the Department a full description of the casualty if
the collision, accident or casualty resulted in the
death of or injury to a person or damage to property
in excess of $500. (NRS 488.550)
Section 2 of this bill increases the threshold for
filing a full description of the casualty from an
amount in excess of $500 to an amount in excess of
$2,000.
NACCA Legislative Overview 2013
Slide 624
SB 434
Section 1. Chapter 488 of NRS is hereby amended by
adding thereto a new section to read as follows:
1. In addition to any seizure authorized pursuant to NRS
488.910, any peace officer, without a warrant, may seize
and take possession of any vessel:
(a) Which is being operated with any improper number,
certificate of number or certificate of ownership;
(b) Which the peace officer has probable cause to believe
has been stolen;
NACCA Legislative Overview 2013
Slide 625
SB 434
(c) On which any hull number or other identifying
mark has been falsely attached, removed, defaced,
altered or obliterated; or
(d) Which contains a part on which was placed or
stamped by the manufacturer pursuant to federal
law or regulation an identification number or
other distinguishing number or mark that has
been falsely attached, removed, defaced, altered or
obliterated.
NACCA Legislative Overview 2013
Slide 626
SB 434
2. A law enforcement agency shall inspect any
vessel seized pursuant to paragraph (c) or (d) of
subsection 1 to determine whether the number or
mark in question on the vessel or part from the
vessel has been falsely attached, removed, defaced,
altered or obliterated and whether any person has
presented satisfactory evidence of ownership of
the vessel.
NACCA Legislative Overview 2013
Slide 627
SB 434
3. If the results of the investigation
conclude that the number or mark in
question has been falsely attached,
removed, defaced, altered or obliterated and
no person has presented satisfactory
evidence of ownership, then the law
enforcement agency may treat the vessel as
abandoned and proceed in the manner set
forth in NRS 488.293.
NACCA Legislative Overview 2013
Slide 628
SB 462
(Effective on 6/12/13)
“There is hereby appropriated from the State
General Fund to the Central Repository for Nevada
Records of Criminal History within the Department
of Public Safety the sum of $2,315,090
for the initial phase of the project to modernize the
Nevada Criminal Justice Information System.”
NACCA Legislative Overview 2013
Slide 629
ELECTIONS
(begins at Slide ___)
NACCA Legislative Overview 2013
630
AB 35
(Effective on 7/1/13)
• 52 Pages of detailed changes relating to elections.
Example:
Section 5 of this bill provides that, if a special
election is held on the same day as a primary election
or general election,
any candidate, person, committee or political party
that is otherwise required to file a report relating to
the special election must instead comply with the
reporting requirements for the primary election or
general election, as applicable.
NACCA Legislative Overview 2013
Slide 631
AB 35
Existing law requires expenditures made on behalf of a
candidate or a group of candidates by a person who is not
acting under the direction or control of the candidate or
group of candidates, and other expenditures that are made on
behalf of the candidate or group of candidates, to be reported
to the Secretary of State. (NRS 294A.140, 294A.210)
Sections 15 and 19 provide that certain contributions
received and expenditures which are made for or against a
candidate or a group of candidates must be reported.
NACCA Legislative Overview 2013
Slide 632
AB 35
Existing law governs the disposition of unspent
contributions. (NRS 294A.160)
Section 17 of this bill expands the application of those
provisions to:
(1) A candidate who is removed from the ballot by
court order or is otherwise not elected to office; and
(2) A public officer who resigns from his or her
office, is not a candidate for any other office and has
unspent contributions.
NACCA Legislative Overview 2013
Slide 633
AB 35
Under existing law, a candidate is required to file reports of
contributions and expenses even if the candidate withdraws
his or her candidacy, receives no contributions, has no
expenses, is removed from the ballot by court order or is the
subject of a recall petition and the special election is not
held. (NRS 294A.350)
Section 27 of this bill expands this requirement to include a
candidate who: (1) ends his or her campaign without
formally withdrawing his or her candidacy; (2) is not
opposed in an election; or (3) is defeated in the primary
election.
NACCA Legislative Overview 2013
Slide 634
AB 35
If a person, committee or entity that is required to file a
report or register pursuant to chapter 294A of NRS fails to
do so in accordance with the applicable provisions of that
chapter, existing law provides that such a person, committee
or entity is subject to a civil penalty. (NRS 294A.420)
Section 37 of this bill provides that this and any other
remedies and penalties provided by chapter 294A of NRS
are cumulative and supplement any other legal or equitable
remedies and penalties that may exist, including any
applicable criminal penalties.
NACCA Legislative Overview 2013
Slide 635
AB 48
(Effective on 7/1/13)
* 64 Pages of Changes Relating to Elections.
Examples:
Under prior law, for the period beginning on the fifth
Sunday preceding a primary or general election and ending
on the third Tuesday preceding the primary or general
election, a person could only register to vote in person.
(NRS 293.560)
Section 12 of this bill now allows a person to register to
vote by computer during that period.
NACCA Legislative Overview 2013
Slide 636
AB 48
Sections 15, 17, 20, 22-41, 43-49, 51, 53, 54 and
56 of this bill clarify reporting requirements related
to campaign finance.
Sections 21 and 45 of this bill provide that fees for
filing declarations or acceptances of candidacy,
repayments or forgiveness of loans and the disposal
of unspent contributions are considered, and must
be reported by candidates as, campaign expenses.
NACCA Legislative Overview 2013
Slide 637
AB 48
Sections 18, 20, 22, 26, 30-38 and 41 of this bill provide
that reporting requirements related to campaign finance are
the same for a general election, a primary election and a
special election that is held on the same day as a primary or
general election.
Section 52 of this bill amends the required content and due
date of the compilation prepared by the Secretary of State of
contribution and campaign expense reports.
NACCA Legislative Overview 2013
Slide 638
AB 108
(Effective on 10/1/13)
Under existing law, a person who has been
adjudicated mentally incompetent is not
eligible to vote. (Nev. Const. Art. 2, § 1)
This bill enacts a standard to be used by
District Courts to adjudicate a person
mentally incompetent for the purpose of
voting.
NACCA Legislative Overview 2013
Slide 639
AB 108
Under section 1 of this bill, a person is not
ineligible to vote on the ground that the person has
been adjudicated mentally incompetent unless a
court of competent jurisdiction specifically finds by
clear and convincing evidence that the person lacks
the mental capacity to vote
because he or she cannot communicate, with
or without accommodations, a specific desire
to participate in the voting process.
NACCA Legislative Overview 2013
Slide 640
AB 108
Section 5 of this bill specifically
provides that a person for whom a court
has appointed a guardian retains his or
her right to vote unless the court makes
such a finding
NACCA Legislative Overview 2013
Slide 641
AB 442
(Effective on 7/1/13)
Existing law requires candidates, committees
for political action, political parties,
committees sponsored by political parties
and certain other persons to file with the
Secretary of State reports relating to certain
campaign contributions, expenses and
expenditures. (NRS 294A.120, 294A.128,
294A.140, 294A.150, 294A.200, 294A.210,
294A.220)
NACCA Legislative Overview 2013
Slide 642
AB 442
A person, committee or entity that is required
to file a report is subject to a civil penalty,
under a graduated schedule, for filing the
report late, and the Secretary of State may
waive that penalty for good cause shown.
(NRS 294A.420)
NACCA Legislative Overview 2013
Slide 643
AB 442
This bill sets forth factors that the Secretary
of State may consider when determining
whether good cause has been shown. The
factors include:
(1)the seriousness of the violation;
(2)any history of violations committed by the
person, committee or entity;
NACCA Legislative Overview 2013
Slide 644
AB 442
(3) various mitigating factors;
(4) whether the violation was inadvertent;
(5) any knowledge or experience the person,
committee or entity has with campaign
practices; and
(6) any other factor that the Secretary of
State deems to be relevant.
NACCA Legislative Overview 2013
Slide 645
AB 442
Example:
(c) Any mitigating factor, including, without
limitation, whether the person, committee or entity
against whom the civil penalty would otherwise be
imposed reported the violation, corrected the
violation in a timely manner, attempted to correct
the violation or cooperated with the Secretary of
State in resolving the situation that led to the
violation;
NACCA Legislative Overview 2013
Slide 646
SB 325
(Effective on 7/1/13)
Existing law requires, for every constitutional
amendment or other statewide measure submitted to
a vote of the people, a condensation and
explanation of the measure to be prepared for
inclusion with the ballot. The condensation and
explanation must be written in easily understood
language and be of reasonable length. (NRS
218D.810, 293.250)
NACCA Legislative Overview 2013
Slide 647
SB 325
Sections 1 and 6 of this bill require the explanation
to also include a digest that provides a concise and
clear summary of any existing laws directly related
to the measure and a summary of how the measure
adds to, changes or repeals such existing laws.
If a constitutional amendment or statewide measure
creates, generates, increases or decreases any public
revenue in any form, the first paragraph of the
digest must include a statement indicating so.
NACCA Legislative Overview 2013
Slide 648
SB 325
Existing law authorizes the governing body of a
political subdivision to submit a ballot question to
the voters of the political subdivision and the
governing body of a city or county to submit an
advisory question to the voters of the city or county.
In both cases, the governing body must provide an
explanation of the question. (NRS 293.481,
293.482)
NACCA Legislative Overview 2013
Slide 649
SB 325
Sections 2 and 3 of this bill require the explanation to be
written in easily understood language and to include a
digest.
The digest must include a clear and concise summary of any
existing laws directly related to the question and a summary
of how the question adds to, changes or repeals such existing
laws.
If a question regarding a measure creates, generates,
increases or decreases any public revenue in any form, the
first paragraph of the digest must include a statement
indicating so.
NACCA Legislative Overview 2013
Slide 650
SB 325
Under existing law, if an initiative, referendum or other
question is placed on the ballot in a county whose
population is 45,000 or more (currently Carson City and
Clark, Elko, Douglas, Lyon and Washoe Counties) by the
board of county commissioners of the county or by the
governing body of certain entities within the county, the
board of county commissioners must appoint a committee of
persons who favor approval of the measure and a committee
of persons who oppose approval of the measure to prepare
arguments advocating or opposing, respectively, approval of
the measure for inclusion in the sample ballot. (NRS
295.121)
NACCA Legislative Overview 2013
Slide 651
SB 325
Existing law imposes an identical
requirement on the city council of any city
whose population is 15,000 or more
(currently Boulder City, Carson City,
Elko, Fernley, Henderson, Las Vegas,
Mesquite, North Las Vegas, Reno and
Sparks). (NRS 295.217)
NACCA Legislative Overview 2013
Slide 652
SB 325
Sections 4 and 5 of this bill: (1) apply these
requirements to all counties and cities; and (2) clarify
that the requirement to appoint such committees applies
when the question on the ballot is an advisory question.
Sections 2-3.6 of this bill eliminate obsolete provisions
regarding the provision, by the governing body of
certain political subdivisions, public or quasi-public
corporations or certain other local agencies, of
arguments for and against questions on the ballot.
NACCA Legislative Overview 2013
Slide 653
JUDGES
(begins at Slide ___)
NACCA Legislative Overview 2013
654
SB 440
(Effective on 10/1/13)
This bill amends various provisions of the Charter of the
City of Henderson.
Prior law authorized the City Council to fill a vacancy in the office of
Municipal Judge by appointment within 30 days after the occurrence of
the vacancy. (Henderson City Charter § 1.070)
Section 2 of this bill requires the City Council to fill a vacancy by: (1)
appointment within 60 days after the occurrence of the vacancy; or (2)
by calling a special election to be held not later than 90 days after the
occurrence of the vacancy.
NACCA Legislative Overview 2013
Slide 655
SB 440
Section 5 of this bill authorizes the City Council to
direct the City Attorney to apply for a subpoena
commanding the attendance of certain persons
before the City Council or production of documents
or data.
Section 5 also authorizes a Municipal Judge, rather
than the City Clerk, to issue such a subpoena.
NACCA Legislative Overview 2013
Slide 656
SB 440
Section 17 of this bill eliminates obsolete
provisions relating to the qualifications
(licensure) of a Municipal Judge.
Section 18 of this bill provides that all fines
and forfeitures for the violations of
ordinances must be paid to the Chief
Financial Officer, rather than the City’s
Treasury.
NACCA Legislative Overview 2013
Slide 657
SB 440
Section 24 of this bill amends the classifications of
employees of the City to whom the System of Civil
Service applies.
Section 26 of this bill provides that such changes
apply to existing employees and officers who are
employed by the City before, on or after October 1,
2013.
NACCA Legislative Overview 2013
Slide 658
LEGISLATURE
(begins at Slide ___)
NACCA Legislative Overview 2013
659
AB 350
(Effective on 7/1/13)
Section 1 of this bill requires that any provision of state
legislation which adds or revises a requirement to submit a
report to the Legislature must:
(1) Expire by limitation 5 years after the effective date of
the provision; or
(2) Be accompanied by a statement justifying the continued
need for the requirement.
NACCA Legislative Overview 2013
Slide 660
AB 350
Section 1 further requires the Legislative
Commission to review the requirements in
state legislation to submit such reports that
are more than 4 years old to determine
whether the requirements should be repealed,
revised or continued.
NACCA Legislative Overview 2013
Slide 661
AB 350
Section 2 of this bill requires the Legislative Commission
to:
(1) Review the requirements in state legislation for
submitting a report to the Legislature that were enacted
during the 2007, 2009 and 2011 Legislative Sessions to
determine whether the requirements should be repealed,
revised or continued; and
(2) Prepare a report of its findings and recommendations
regarding the requirements and transmit the report to the
Legislature.
NACCA Legislative Overview 2013
Slide 662
AB 412
(Effective on 6/11/13)
Existing law requires newly elected
Legislators to attend certain training before
the beginning of their first legislative session.
(NRS 218A.285)
Section 1 of this bill requires such training to
include discussion of major policy issues that
are likely to be considered during the ensuing
regular session of the Legislature.
NACCA Legislative Overview 2013
Slide 663
AB 412
Existing law contains provisions governing
requests for the drafting of legislative
measures for a regular session. (NRS
218D.100-218D.215)
This bill revises the number of legislative
measures that various persons and entities
may request for drafting and also revises the
deadlines for making such requests.
NACCA Legislative Overview 2013
Slide 664
AB 412
Section 6 of this bill changes the number of
legislative measures that Legislators and the
chair of each standing committee may
request by certain deadlines.
Section 6 also changes the deadlines for
providing sufficient detail to allow complete
drafting of a legislative measure.
NACCA Legislative Overview 2013
Slide 665
AB 412
Section 6 further:
(1) prohibits a Legislator who has filed a declaration or an
acceptance of candidacy for election to the House in which
he or she is not currently sitting from requesting the drafting
of legislative measures; and
(2) provides that, if the Legislator is elected to the other
House, any request that he or she submits before filing a
declaration or an acceptance of candidacy for election counts
against the applicable limitation for the House to which the
Legislator was elected to serve. (NRS 218D.150)
NACCA Legislative Overview 2013
Slide 666
AB 412
Existing law allows each statutory legislative committee and
interim study committee to request a certain number of
legislative measures preceding a regular session. (NRS
218D.160)
Section 7 of this bill reduces the number of legislative
measures that may be requested by the Chair of the
Legislative Commission and moves up the deadline for
statutory legislative committees and interim study
committees to provide sufficient detail to allow complete
drafting of their legislative measures.
NACCA Legislative Overview 2013
Slide 667
AB 412
Section 8 of this bill revises the deadlines by which
the Governor or the Governor’s designated
representative must submit requests for the drafting
of legislative measures and increases the number of
legislative measures that the Governor, Lieutenant
Governor, Secretary of State, State Treasurer, State
Controller and Attorney General may request for
drafting. (NRS 218D.175)
NACCA Legislative Overview 2013
Slide 668
AB 412
Section 9 of this bill reduces the number of
legislative measures that may be requested
by the city council of a city whose population
is 150,000 or more but less than 500,000
(currently the cities of Henderson, North Las
Vegas and Reno). (NRS 218D.205)
NACCA Legislative Overview 2013
Slide 669
AB 412
Existing law authorizes the following entities to submit their
own requests for the drafting of legislative measures for
each regular session:
(1) a mental health consortium established to develop
strategic plans for the provision of mental health services to
children with emotional disturbance and their families (NRS
218D.215, 433B.333); and
(2) an interagency committee created by the Director of the
Department of Health and Human Services to evaluate the
child welfare system in this State. (NRS 432B.178)
NACCA Legislative Overview 2013
Slide 670
AB 412
Sections 11 and 12 of this bill eliminate the
authority of these entities to submit their own
requests, but such entities still would be authorized
by existing law to ask Legislators or legislative
committees to submit and sponsor requests on
behalf of the entities. (NRS 218D.150, 218D.155,
218D.160)
NACCA Legislative Overview 2013
Slide 671
PUBLIC
RECORDS
(begins at Slide ___)
NACCA Legislative Overview 2013
672
AB 30
(Effective on 5/24/13)
Existing law authorizes, except as otherwise provided by
specific statute, only a law enforcement officer or the
offender named in the record to inspect the record of
registration of a sex offender or offender convicted of a
crime against a child. (NRS 179D.160)
Section 2 of this bill provides that, except as otherwise
provided by specific statute, the contents of a record of
registration are confidential and not subject to public
inspection.
NACCA Legislative Overview 2013
Slide 673
AB 31
(Effective on 10/1/13)
Under existing law, all public books and records of a
governmental entity, the contents of which are not otherwise
declared by law to be confidential, are required to be open at
all times during office hours for inspection and copying by
the public. (NRS 239.010)
The Nevada Supreme Court has established a balancing test
for a governmental entity to apply to determine whether to
disclose a book or record when the law is silent with respect
to the confidentiality of the book or record.
NACCA Legislative Overview 2013
Slide 674
AB 31
Under this balancing test, the governmental entity is
required to determine whether the private or governmental
interest served by withholding the book or record clearly
outweighs the right of the public to inspect or copy the book
or record.
Donrey v. Bradshaw, 106 Nev. 630 (1990);
DR Partners v. Board of County Comm’rs, 116 Nev. 616 (2000);
Reno Newspapers, Inc. v. Haley, 126 Nev. Adv. Op. 23, 234 P.3d 922 (2010);
Reno Newspapers, Inc. v. Gibbons, 127 Nev. Adv. Op. 79, 266 P.3d 623 (2011)).
NACCA Legislative Overview 2013
Slide 675
AB 31
Sections 3 and 3.5 of this bill compile all the
statutory provisions that prohibit the
disclosure of or specifically declare public
books and records confidential.
* Dozens of statutes are now enumerated in
Nevada’s Public Records Act.
NACCA Legislative Overview 2013
Slide 676
SB 74
(Effective on 10/1/13)
Under existing law, all public books and records that are not
otherwise declared by law to be confidential must be made
available to the public for inspection or copying by any
person. (NRS 239.010)
Section 1 of this bill prohibits the officer, employee or agent
of a governmental entity who has legal custody or control of
a public record from requiring a person who has requested a
copy of the public record to prepare the copy himself or
herself. Rather, upon request, the officer, employee or agent
of the governmental entity must prepare the copy of the
public record, unless the copy needs to be a certified copy.
NACCA Legislative Overview 2013
Slide 677
SB 74
Existing law requires requests for inspection or
copying of public books or records to be addressed
not later than the fifth business day after the person
who has legal custody or control of a public book or
record of a governmental entity receives a request.
(NRS 239.0107)
Section 2 of this bill requires the public book or
record to be made available upon request if the
public book or record is readily available.
NACCA Legislative Overview 2013
Slide 678
SB 74
Section 7 of this bill reduces the fee a county clerk
charges for preparing a copy of any record,
proceeding or paper (from $1.00 to 50 cents), and
the fee that the county clerk charges for searching
the records or files in the office of the county clerk
(from $1.00 to 50 cents), and authorizes the county
clerk to waive those fees.
* These changes apply to District Courts
only. AB 54 provides the fees for Justice
Court (Copies=50 cents; searches=$1.00)
NACCA Legislative Overview 2013
Slide 679
SB 74
Sec. 2. NRS 239.0107 is hereby amended to read as
follows:
1. Not later than the end of the fifth business day
after the date on which the person who has legal
custody or control of a public book or record of a
governmental entity receives a written or oral
request from a person to inspect , [or] copy or
receive a copy of the public book or record, a
governmental entity shall do one of the following,
as applicable:
NACCA Legislative Overview 2013
Slide 680
SB 74
(a) Except as otherwise provided in
subsection 2, allow the person to inspect or
copy the public book or record [.] or, if the
request is for the person to receive a copy of
the public book or record, provide such a
copy to the person. . . .
NACCA Legislative Overview 2013
Slide 681
SB 74
2. If a public book or record of a governmental
entity is readily available for inspection or
copying, the person who has legal custody or
control of the public book or record shall allow a
person who has submitted a request to inspect ,
[or] copy or receive a copy of a public book or
record.
NACCA Legislative Overview 2013
Slide 682
SB 74
Sec. 3. NRS 239.011 is hereby amended to read as follows:
1. If a request for inspection , [or] copying or copies of a
public book or record open to inspection and copying is
denied, the requester may apply to the district court in the
county in which the book or record is located for an order
[permitting]:
(a) Permitting the requester to inspect or copy the
book or record; or
(b) Requiring the person who has legal custody or
control of the public book or record to provide a
copy to the requester,
as applicable.
NACCA Legislative Overview 2013
Slide 683
SB 74
“Extraordinary Efforts” (NRS 239.055)
1. Except as otherwise provided in NRS 239.054
regarding information provided from a geographic
information system, if a request for a copy of a
public record would require a governmental entity
to make extraordinary use of its personnel or
technological resources, the governmental entity
may, in addition to any other fee authorized
pursuant to this chapter,
NACCA Legislative Overview 2013
Slide 684
SB 74
not to exceed 50 cents
per page for such extraordinary use.
charge a fee
Such a request must be made in writing, and upon
receiving such a request, the governmental entity
shall inform the requester, in writing, of the amount
of the fee before preparing the requested
information.
NACCA Legislative Overview 2013
Slide 685
SB 74
Section 5 provides that minutes of public
meetings are public records, and a copy of
the minutes or audio recording must be made
available to a member of the public, upon
request, at no charge.
This provision does not apply to courts.
( NRS Chapter 241).
NACCA Legislative Overview 2013
Slide 686
SB 364
(Effective on 7/1/13)
Existing law prohibits, with certain exceptions, a
governmental agency from requiring a person to include
personal information on any document submitted to the
governmental agency on or after January 1, 2007.
On or before January 1, 2017, each governmental agency
was required to ensure that any personal information
contained in a document submitted to that agency before
January 1, 2007, was either maintained in a confidential
manner or removed from the document. (NRS 239B.030)
NACCA Legislative Overview 2013
Slide 687
SB 364
Section 1 of this bill authorizes rather than
requires each governmental agency to ensure
that any personal information contained in a
document submitted to that agency before
January 1, 2007, is either maintained in a
confidential manner or removed from the
document.
NACCA Legislative Overview 2013
Slide 688
SB 364
5. [On or before January 1, 2017, each] Each
governmental agency [shall] may ensure that
any personal information contained in a
document that has been recorded, filed or
otherwise submitted to the governmental
agency before January 1, 2007, which the
governmental agency continues to hold is:
NACCA Legislative Overview 2013
Slide 689
SB 364
(a) Maintained in a confidential manner if the personal
information is required to be included in the document
pursuant to a specific state or federal law, for the
administration of a public program or for an application for
a federal or state grant; or
(b) Obliterated or otherwise removed from the document, by
any method, including, without limitation, through the use of
computer software, if the personal information is not
required to be included in the document pursuant to a
specific state or federal law, for the administration of a
public program or for an application for a federal or state
grant.
NACCA Legislative Overview 2013
Slide 690
STUDIES
(begins at Slide ___)
NACCA Legislative Overview 2013
Slide 691
AB 202
(Effective on Various Dates)
The Legislative Committee on Child Welfare must create a
task force to study certain issues relating to juvenile justice.
(1) Certification of juveniles as adults and offenses excluded
from the jurisdiction of the juvenile court.
(2) The advantages and disadvantages of blended sentencing.
(3) Housing and programming for youthful offenders
(4) The costs and benefits of housing juvenile offenders who
are convicted of crimes as adults in adult correctional facilities
and institutions and in juvenile detention facilities.
NACCA Legislative Overview 2013
Slide 692
AB 365
(Effective on 7/1/13)
The Advisory Commission on the Administration of Justice
must appoint a subcommittee to conduct an interim study
concerning language access in the courts, in both criminal
and civil proceedings.
Examples:
(1) Systems in other states;
(2) Applicable federal laws;
(3) Recommendations for legislation;
(4) Methods to raise revenue to provide interpreters.
NACCA Legislative Overview 2013
Slide 693
AB 415
(Effective on 10/1/13)
Existing law establishes the Advisory Commission
on the Administration of Justice and directs the
Commission, among other duties, to identify and
study the elements of this State’s system of criminal
justice. (NRS 176.0123, 176.0125)
Section 8 of this bill requires the Commission to
include certain items relating to criminal justice on
an agenda for discussion and to issue a report.
NACCA Legislative Overview 2013
Slide 694
AB 415
(a) A review of sentencing for all criminal
offenses for which a term of imprisonment of
more than 1 year may be imposed.
(b) An evaluation of the current system of
parole, including a review of whether the
current system should be maintained,
amended or abolished.
NACCA Legislative Overview 2013
Slide 695
AB 415
(c) An evaluation of potential legislation relating to
offenders for whom traditional imprisonment is not
considered appropriate.
In evaluating such potential legislation, the
Commission shall consider current practices
governing sentencing and release from
imprisonment and correctional resources, including,
without limitation, the capacities of local and state
correctional facilities and institutions.
NACCA Legislative Overview 2013
Slide 696
SB 107
(Effective on 10/1/13)
The Advisory Commission on the Administration of Justice
must conduct a study concerning detention and incarceration.
(Focusing on administrative segregation, corrective room
restriction, solitary confinement, etc.)
Examples:
(1) Release procedures;
(2) The # of offenders with a mental-health diagnosis;
(3) The number of suicides and suicide attempts;
(4) Recidivism rates.
NACCA Legislative Overview 2013
Slide 697
SB 243
(Effective on 7/1/13)
Existing law: (1) establishes the Advisory Commission on the
Administration of Justice and the Subcommittees on Juvenile Justice and
Victims of Crime; and (2) directs the Commission and Subcommittees,
among other duties, to identify and study the elements of this State’s
system of criminal justice. (NRS 176.0123-176.0125)
Section 16.3 of this bill establishes the Subcommittee to Review
Arrestee DNA of the Commission. Section 16.3 also: (1) requires the
Chair of the Commission to appoint the members of the Subcommittee,
including certain specified representatives; and (2) requires the
Subcommittee to study issues related to arrestee DNA and report to the
Commission with recommendations to address such issues.
NACCA Legislative Overview 2013
Slide 698
SB 264
(Effective on 7/1/13)
The Advisory Commission on the Administration of Justice
must consider 4 issues relating to overcriminalization:
(1) A review of all criminal sentences;
(2) A review of all criminal offenses which may be duplicative
or sanction the same or similar behavior;
(3) Evaluation of the reclassification of certain misdemeanor
offenses to determine whether jail time is necessary and
whether such offenses may be more appropriately classified as
civil violations;
(4) Evaluation of certain felony offenses to determine whether
misdemeanor punishment may be more appropriate given the
disparate impacts a felony conviction may carry.
NACCA Legislative Overview 2013
Slide 699
SB 395
(Effective on 10/1/13)
The Advisory Commission on the Administration of Justice
must identify and study the provisions of existing law which
impose or authorize a collateral consequence of conviction
and any provisions of existing law allowing relief from those
collateral consequences.
* An earlier version of this bill would have required courts
to provide notice to defendants about collateral
consequences (upon the filing of charges and at sentencing).
NACCA Legislative Overview 2013
Slide 700
TRAFFIC
(begins at Slide ___)
NACCA Legislative Overview 2013
701
AB 14
(Effective on 6/2/13)
Under existing law, the DMV is required to
suspend the registration of any motor vehicle
for which the Department cannot verify
coverage of liability insurance.
NACCA Legislative Overview 2013
Slide 702
AB 14
If the registered owner of the motor vehicle proves to the
satisfaction of the Department that the motor vehicle was a
dormant vehicle during the period in which the Department
was unable to verify liability insurance coverage, the
Department is required to reinstate the registration and, if
applicable, reissue the license plates for the motor vehicle
only after the owner of the motor vehicle pays a fee of $50.
(NRS 485.317)
NACCA Legislative Overview 2013
Slide 703
AB 14
Section 4 of this bill allows the Department
to remove the suspension of the registration
without requiring the owner of the vehicle to
pay a fee or administrative fine.
NACCA Legislative Overview 2013
Slide 704
AB 21
(Effective on 10/1/13)
Existing law prohibits a person from having an open
container of an alcoholic beverage within the passenger area
of a motor vehicle while the motor vehicle is on a highway.
Existing law provides an exception to that prohibition for a
motor vehicle which is designed, maintained or used
primarily for the transportation of persons for compensation,
or to the living quarters of a house coach or house trailer.
(NRS 484B.150)
NACCA Legislative Overview 2013
Slide 705
AB 21
Section 1 of this bill provides that the exception:
(1) Applies to the passenger area of such a motor
vehicle; but
(2) Does not apply to a driver of such a motor
vehicle who is in possession or control of an
open container of an alcoholic beverage.
NACCA Legislative Overview 2013
Slide 706
AB 21
Section 4 requires data collected by the Department of
Public Safety from certain reports to be recorded in a central
repository created by the Department of Public Safety to
track data electronically concerning vehicle accidents on a
statewide basis.
Section 4 further requires a police officer to prepare a report
of an investigation which is conducted of a vehicle accident
which results in bodily injury to or the death of any person
or which involves apparent damage of $750 or more to a
vehicle or other property. (NRS 484E.110)
NACCA Legislative Overview 2013
Slide 707
AB 117
(Effective on 10/1/13)
Section 2 of this bill allows a person driving a motorcycle,
moped or trimobile or riding a bicycle or an electric bicycle
to proceed into an intersection against a red signal if:
(1) The person stops as required by the signal and waits for a
reasonable time;
(2) The signal does not change because of a malfunction or the
failure of the signal to detect the presence of the motorcycle,
moped, trimobile, bicycle or electric bicycle; and
(3) The person yields the right-of-way to pedestrians and other
traffic proceeding as directed by the signal at the intersection.
NACCA Legislative Overview 2013
Slide 708
AB 117
Section 2 also provides that, if the person
commits certain violations while driving the
motorcycle, moped or trimobile or riding the
bicycle or electric bicycle which result in an
injury to another person, the violations create
a rebuttable presumption of all facts
necessary to impose civil liability for the
injury.
NACCA Legislative Overview 2013
Slide 709
AB 167
(Effective on 1/1/14)
Under existing law, certain nonresident
owners of motor vehicles that are used in this
State for a gainful purpose must register such
motor vehicles in this State. (NRS 482.385)
NACCA Legislative Overview 2013
Slide 710
AB 167
Section 1 of this bill requires a nonresident who is
not a natural person, owns a vehicle of a type
subject to registration in this State and allows that
vehicle to be operated in this State for business
purposes within this State to obtain a nonresident
business permit for the motor vehicle within 10
days after the commencement of such operation of
the vehicle. Such a permit would require the
payment of a fee, is nontransferable and is valid for
1 year.
NACCA Legislative Overview 2013
Slide 711
AB 167
Section 1 also requires such a motor vehicle
to comply with the registration, insurance
and emissions testing requirements, if any, of
the out-of-state location where the
nonresident is a resident.
NACCA Legislative Overview 2013
Slide 712
AB 167
If the location where the nonresident is a resident
does not require emissions testing, section 1
requires such a motor vehicle to undergo emissions
testing as if it were the vehicle of a Nevada
resident.
The provisions of section 1 do not apply to certain
motor carriers or apportioned vehicles or vehicles
that are leased or rented to lessees by short-term
lessors.
NACCA Legislative Overview 2013
Slide 713
AB 167
5. A person who violates the provisions of this
section is guilty of a misdemeanor and shall be
punished:
(a) For the first offense, by a fine of not
more than $500.
(b) For the second and each subsequent
offense, by a fine of not more than $750.
The failure of a person to comply with the
provisions of this section for each vehicle to which
this section applies constitutes a separate offense.
NACCA Legislative Overview 2013
Slide 714
AB 167
6. A vehicle may be cited for a violation of this section
regardless of whether it is in operation or is parked on a
highway, in a public parking lot or on private property
which is open to the public if, after communicating with
the owner or operator of the vehicle, the peace officer
issuing the citation determines that the vehicle is required
to be permitted pursuant to subsection 1. As used in this
subsection, “peace officer” includes a constable.
NACCA Legislative Overview 2013
Slide 715
AB 223
(Effective on 7/1/13)
Existing law provides that a constable is a peace officer in
his or her township and may issue a citation to the owner or
driver of a vehicle that is required to be registered in this
State if the constable determines that the vehicle is not
properly registered. (NRS 258.070, 482.385)
Sections 12, 15 and 16 of this bill clarify that the constable
may issue such a citation only if the vehicle is located in his
or her township at the time the citation is issued.
NACCA Legislative Overview 2013
Slide 716
SB 13
(Effective on 5/21/13)
Section 1 of this bill authorizes the DMV to
suspend the registration of a motor vehicle if the
check or other method of payment for the
registration fee is returned to the Department or
otherwise dishonored.
If the Department suspends the registration of a
motor vehicle of a person, the person is required to
immediately return to the Department the certificate
of registration and the license plates of the motor
vehicle.
NACCA Legislative Overview 2013
Slide 717
SB 13
The Department must provide notice of the suspension by
mail to the registered owner of the motor vehicle which
must include information concerning the reinstatement of
the registration.
The registration must be reinstated and the license plates
returned to the registered owner upon payment of the
applicable registration and license plate fees, governmental
services tax, and any delinquent fees or penalties and other
outstanding debts owed to the Department.
NACCA Legislative Overview 2013
Slide 718
SB 13
Section 1. Chapter 482 of NRS is hereby amended by
adding thereto a new section to read as follows:
1. The Department may suspend the registration of a motor
vehicle and require the return to the Department of the
certificate of registration and the license plates of the
motor vehicle if a check, draft, electronic transfer of
money or other method of payment provided to the
Department to register the motor vehicle is returned to the
Department or otherwise dishonored by the financial
institution on which the check, draft or electronic transfer
of money is drawn.
NACCA Legislative Overview 2013
Slide 719
SB 13
2. If the registration of a motor vehicle of a person
is suspended pursuant to this section, the person
shall immediately return the certificate of
registration and license plates to the Department.
3. The period of suspension of the registration of a
motor vehicle that is suspended pursuant to this
section begins on the effective date of the
suspension as set forth in the notice thereof.
NACCA Legislative Overview 2013
Slide 720
SB 13
4. The Department shall mail to the registered owner of the
motor vehicle a notice of the suspension. The notice must
include:
(a) The effective date of the suspension;
(b) The reason for the suspension;
(c) The requirement for the return of the certificate of
registration and the license plates of the motor vehicle;
(d) The method by which the registration may be
reinstated; and
(e) Any other information the Department deems
necessary.
NACCA Legislative Overview 2013
Slide 721
SB 13
5. Except as otherwise provided in NRS 353C.125, the
Department shall reinstate the registration of a motor
vehicle and issue license plates to the registered owner of
the motor vehicle only upon the payment of:
(a) Any registration and other fees or penalties required
pursuant to this chapter;
(b) Any governmental services tax required pursuant to
chapter 371 of NRS; and
(c) Any fees and penalties required pursuant to NRS
41.620, 371.140 or 481.079.
NACCA Legislative Overview 2013
Slide 722
SB 109
(Effective on 7/1/13)
Existing law exempts certain off-highway vehicles from
registration requirements. (NRS 490.082)
Section 4 of this bill exempts from registration any offhighway vehicle: (1) operated solely in an organized race,
festival or other event conducted under the auspices of a
sanctioning body or by permit; (2) operated or stored on
privately owned or leased land; (3) operated while engaged
in an approved search-and-rescue operation; or (4) that has a
displacement of not more than 70 cubic centimeters.
NACCA Legislative Overview 2013
Slide 723
SB 109
Under prior law, an off-highway vehicle that was registered
or certified in another state and was located in this State for
not more than 60 days was exempt from the requirement to
register in this State. (NRS 490.082) Section 4 reduces the
period of exemption from 60 to 15 days.
Section 4.5 of this bill revises the dimensions of the
registration sticker or decal for an off-highway vehicle,
providing that the sticker or decal must be at least 3 inches
high by 3 1/2 inches wide.
NACCA Legislative Overview 2013
Slide 724
SB 109
Existing law requires that any off-highway vehicle operated
on a highway must have at least one headlamp that
illuminates objects at least 500 feet ahead of the vehicle and
at least one tail lamp that is visible from at least 500 feet
behind the vehicle. (NRS 490.120)
Section 5 of this bill exempts an off-highway vehicle from
this requirement when operated during daylight hours on a
highway designated by a county for the operation of the offhighway vehicle without having the headlamp or tail lamp.
NACCA Legislative Overview 2013
Slide 725
SB 244
(Effective on 1/1/14)
Existing law requires the Department of Motor Vehicles to
place a designation on the instruction permit, driver’s license
or identification card of certain persons, including persons
with a disability which impairs or limits the ability to walk.
(NRS 483.349, 483.865)
Existing law also requires the Department to inquire whether
a person wishes to declare that he or she is a veteran when
applying for an instruction permit, driver’s license or
identification card. (NRS 483.292, 483.852)
NACCA Legislative Overview 2013
Slide 726
SB 244
Sections 6 and 9 of this bill require that a person
who: (1) applies to the Department for the initial
issuance or renewal of an instruction permit,
driver’s license or identification card; and (2)
requests to have imprinted on that permit, license or
card a designation that he or she is a veteran of the
Armed Forces of the United States, submit a copy
of his or her DD Form 214, “Certificate of Release
or Discharge from Active Duty,” indicating that he
or she was honorably discharged from the Armed
Forces.
NACCA Legislative Overview 2013
Slide 727
SB 244
If such a person fulfills the requirements of section
6 or 9, as applicable, sections 2 and 3 of this bill
require the Department to place a designation that
the person is a veteran on the person’s instruction
permit, driver’s license or identification card, as
appropriate.
Sections 6 and 9 also require the Department to
compile and submit to the Office of Veterans
Services each month a list of persons who have
declared that they are veterans of the Armed Forces.
NACCA Legislative Overview 2013
Slide 728
SB 262
(Effective on 10/1/13)
This bill prohibits a person from operating a motor vehicle
to which is attached a dynamic display device, commonly
known as a mobile billboard, on which the images or other
content change periodically, upon the highways of this State,
unless the motor vehicle is equipped with a display
management system that is programmed to allow the image
or content that is displayed to be changed only when the
motor vehicle is:
(1) Not moving; or
(2) In a location where the image or content may be changed
without causing undue distraction to the operators of
other vehicles.
NACCA Legislative Overview 2013
Slide 729
SB 262
This bill also provides that such a dynamic display
device may not project or otherwise show moving
images, moving information or other moving
content. A violation of this prohibition is
punishable as a misdemeanor. (NRS 484A.900)
This bill does not require a display management
system if a dynamic display device is operated for
purposes other than advertisement.
NACCA Legislative Overview 2013
Slide 730
SB 262
Section 1. Chapter 484D of NRS is hereby amended by
adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person
shall not operate upon the highways of this State any
motor vehicle that is equipped with a dynamic display
unless:
(a) The motor vehicle is equipped with a display
management system which is configured to prevent
the image or content displayed on the dynamic
display from changing when the motor vehicle is:.
NACCA Legislative Overview 2013
Slide 731
SB 262
(1) Moving;
(2) In a turnout; or
(3) In any other location where changing
the image or content displayed on the
dynamic display may cause undue
distraction to the operators of other
vehicles; and
(b) The dynamic display does not project or
otherwise show moving images, moving
information or other moving content.
NACCA Legislative Overview 2013
Slide 732
SB 262
2. This section does not prohibit the use of a dynamic display that is
operated without a display management system if the dynamic display
is being used exclusively for purposes other than advertisement,
including, without limitation:
(a) For purposes that are personal and noncommercial in nature;
(b) For purposes of traffic control;
(c) For purposes of law enforcement or emergency response;
(d) As a warning device for a utility or utility vehicle, as described in
NRS 484D.465; or
(e) To display the name, route number or destination of a bus or other
vehicle of mass transit.
NACCA Legislative Overview 2013
Slide 733
SB 262
3. As used in this section:
(a) “Display management system” means equipment or software that is
designed to operate a dynamic display, including, without limitation,
periodically changing the image, information or content being shown
on the dynamic display.
(b) “Dynamic display” means equipment which is attached to a motor
vehicle and which consists of at least one monitor, screen or viewer
that, without limitation:
(1) Is designed to display various images, information or other
content, including, without limitation, advertisements, which
change periodically;
(2) Is intended to be visible to the drivers of other vehicles on
the highway and to persons who are near the highway; and
(3) May be visible to the operator of the motor vehicle.
NACCA Legislative Overview 2013
Slide 734
SB 284
(Effective on 7/1/13)
This bill requires a law enforcement agency
in a county whose population is 100,000 or
more (currently Clark and Washoe
Counties) to adopt policies and procedures
to govern the investigation of motor vehicle
accidents in which peace officers employed
by the law enforcement agency are involved.
NACCA Legislative Overview 2013
Slide 735
SB 284
The policies and procedures must include a
requirement that if such a motor vehicle accident
results in fatal injuries, the investigation must be
conducted, except under certain circumstances, by a
law enforcement agency other than the agency that
employs the peace officer involved in the accident.
The policies and procedures may include entering
into agreements for cooperation between the law
enforcement agency and agencies in other
jurisdictions for the investigation of such accidents.
NACCA Legislative Overview 2013
Slide 736
SB 284
Section 1. Chapter 289 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. In a county whose population is 100,000 or more, each law
enforcement agency shall adopt policies and procedures to
govern the investigation of motor vehicle accidents in which a
peace officer employed by the law enforcement agency is
involved. The policies and procedures must include, without
limitation, a requirement that if such a motor vehicle accident
results in a fatal injury to any person, the motor vehicle accident
must be investigated by a law enforcement agency other than the
law enforcement agency that employs the peace officer involved
in the accident unless:
NACCA Legislative Overview 2013
Slide 737
SB 284
(a) Another law enforcement agency does not have
comparable equipment and personnel to investigate the
accident at least as effectively as the law enforcement
agency that employs the peace officer involved in the motor
vehicle accident;
(b) Another law enforcement agency is unavailable to
investigate the motor vehicle accident; or
(c) Investigation of the motor vehicle accident by another
law enforcement agency would delay the initiation of the
investigation such that the integrity of the accident scene
and preservation and collection of evidence may be
jeopardized by such a delay.
NACCA Legislative Overview 2013
Slide 738
SB 284
2. This section does not prohibit a law
enforcement agency in a county whose population
is 100,000 or more from entering into agreements
for cooperation with agencies in other
jurisdictions for the investigation of motor vehicle
accidents in which a peace officer of the law
enforcement agency is involved.
NACCA Legislative Overview 2013
Slide 739
SB 303
(Effective on Various Dates)
Under existing law, the Department of Motor
Vehicles issues multiple licenses that confer to a
person the privilege of operating a vehicle,
including a driver’s license, instruction permit,
commercial driver’s license and certain limited or
restricted driver’s licenses or instruction permits.
(NRS 483.2521, 483.267, 483.270, 483.280,
483.340, 483.360, 483.908)
NACCA Legislative Overview 2013
Slide 740
SB 303
The federal Real ID Act of 2005 requires any
driver’s license or identification card issued by a
state to meet certain standards to be used for federal
identification or other official purposes and allows
for a state to issue driver’s licenses or identification
cards that do not meet such standards if such
licenses or cards are of a unique design and clearly
state that they may not be used for federal
identification or other official purposes. (Real ID
Act of 2005 § 202, Pub. Law No. 109-13, 119 Stat.
302, 312-15, 49 U.S.C. 30301 note)
NACCA Legislative Overview 2013
Slide 741
SB 303
Section 5 of this bill sets forth requirements for applications
for driver authorization cards and alternative requirements
for applications for instruction permits.
Section 5 establishes the information that must be included
in such applications, including, without limitation,
documents that must be submitted to prove the applicant’s
name, age and residence in this State.
Section 5 allows an applicant to present various documents,
including, without limitation, a birth certificate or passport
issued by a foreign government, as proof of his or her name
and age.
NACCA Legislative Overview 2013
Slide 742
SB 303
Section 5 provides that a driver authorization card expires
one (1) year after issuance or renewal.
Section 5 requires that a driver authorization card and an
instruction permit obtained in accordance with section 5 be
of the same design as a driver’s license with only the
minimum number of changes necessary to comply with the
federal Real ID Act of 2005.
Section 5 provides that any provision of title 43 of NRS
that applies to a driver’s license is deemed also to apply
to a driver authorization card and an instruction permit
obtained in accordance with section 5.
NACCA Legislative Overview 2013
Slide 743
SB 303
Section 1 of this bill prohibits the Director of the
Department from releasing any information from the files
and records of the Department relating to legal presence to
any person or federal, state or local governmental entity for
any purpose relating to the enforcement of immigration
laws.
Section 12 of this bill makes an appropriation from the State
Highway Fund to the Department of Motor Vehicles to pay
the costs of developing and issuing driver authorization
cards and similarly obtained instruction permits.
NACCA Legislative Overview 2013
Slide 744
SB 303
Sec. 11. NRS 483.620 is hereby amended to read as
follows:
It is a misdemeanor for any person to violate any of
the provisions of NRS 483.010 to 483.630,
inclusive, and sections 3, 4 and 5 of this act, unless
such violation is, by NRS 483.010 to 483.630,
inclusive, and sections 3, 4 and 5 of this act, or
other law of this State, declared to be a felony.
NACCA Legislative Overview 2013
Slide 745
SB 313
(Effective on 7/1/13)
Existing law requires the Department of Motor
Vehicles to adopt regulations authorizing the
operation of autonomous vehicles on highways
within the State of Nevada. (NRS 482A.100)
Sections 2 and 7 of this bill exclude a vehicle that
contains certain systems for assisting the driver
from being an autonomous vehicle unless the
combined effect of all such systems is to enable the
vehicle to be driven without the active control or
monitoring of a human operator.
NACCA Legislative Overview 2013
Slide 746
SB 313
Section 2.5 of this bill requires a person or
entity to submit to the Department proof of
insurance or other proof of financial
responsibility, in the amount of $5,000,000,
before testing an autonomous vehicle on a
highway within this State.
NACCA Legislative Overview 2013
Slide 747
SB 313
Section 3 of this bill requires an autonomous
vehicle that is being tested on a highway within this
State to have a human operator who is seated in the
driver’s seat, monitoring the safe operation of the
vehicle and capable of taking over control of the
vehicle in an emergency.
Section 4 of this bill prohibits an autonomous
vehicle from being registered in this State unless it
meets federal standards and regulations.
NACCA Legislative Overview 2013
Slide 748
SB 313
Section 4 also prohibits an autonomous vehicle from being
tested or operated on a highway within this State unless it is
equipped with certain equipment to ensure its safe operation
and can be operated in compliance with the motor vehicle
and traffic laws of this State.
Section 5 of this bill provides that the manufacturer of a
motor vehicle that has been converted to an autonomous
vehicle by a third party is not liable for an injury that results
from that conversion unless the defect that caused the injury
was present in the vehicle as originally manufactured.
NACCA Legislative Overview 2013
Slide 749
SB 313
Sec. 3. If an autonomous vehicle is being tested on a
highway within this State, a human operator must be:
1. Seated in a position which allows the human operator to
take immediate manual control of the autonomous vehicle;
2. Monitoring the safe operation of the autonomous
vehicle; and
3. Capable of taking over immediate manual control of the
autonomous vehicle in the event of a failure of the
autonomous technology or other emergency.
NACCA Legislative Overview 2013
Slide 750
SB 313
Sec. 4. 1. An autonomous vehicle shall not be
registered in this State unless the autonomous
vehicle meets all federal standards and regulations
that are applicable to a motor vehicle.
2. An autonomous vehicle shall not be tested or
operated on a highway within this State unless the
autonomous vehicle is:
NACCA Legislative Overview 2013
Slide 751
SB 313
(a) Equipped with a means to engage and disengage the autonomous
technology which is easily accessible to the human operator of the
autonomous vehicle;
(b) Equipped with a visual indicator located inside the autonomous
vehicle which indicates when autonomous technology is operating the
autonomous vehicle;
(c) Equipped with a means to alert the human operator to take manual
control of the autonomous vehicle if a failure of the autonomous
technology has been detected and such failure affects the ability of the
autonomous technology to operate safely the autonomous vehicle; and
(d) Capable of being operated in compliance with the applicable motor
vehicle laws and traffic laws of this State.
NACCA Legislative Overview 2013
Slide 752
SB 343
(Effective on 7/1/13)
Under existing law, no off-highway vehicle may be
registered for highway use or operated on a
highway except in limited circumstances. (NRS
490.090, 490.100, 490.110) Any off-highway
vehicle that is operated on a highway under these
limited circumstances must be registered as an offhighway vehicle and have certain required
equipment. (NRS 490.120)
NACCA Legislative Overview 2013
Slide 753
SB 343
Sections 2-5 of this bill allow certain off-highway vehicles
that are defined as “large all-terrain vehicles” to be
registered as: (1) motor vehicles intended for use on a
highway; or (2) off-highway vehicles.
Section 5 requires the owner of a large all-terrain vehicle
who registers the vehicle as a motor vehicle intended for use
on a highway to provide proof that the owner carries
insurance on the vehicle which meets the requirements for
insurance on motor vehicles in this State generally.
NACCA Legislative Overview 2013
Slide 754
SB 343
Section 12 of this bill provides that the fee for registration of
an off-highway vehicle is the same for all off-highway
vehicles, regardless of whether the owner of a large allterrain vehicle chooses to register the vehicle as a motor
vehicle intended for use on a highway.
Sections 4 and 13 of this bill allow large all-terrain vehicles
to be operated on a general county road or minor county
road, unless the applicable city or county prohibits such use,
provided that such vehicles are registered with the
Department of Motor Vehicles for on-road use and have the
requisite equipment for on-road use.
NACCA Legislative Overview 2013
Slide 755
SB 343
Section 10 of this bill requires that the registration sticker or
decal of a large all-terrain vehicle registered as a motor
vehicle intended for use on a highway be distinguishable
from the sticker or decal of other off-highway vehicles.
Section 14 of this bill provides that operating or knowingly
allowing the operation of a large all-terrain vehicle
registered as a motor vehicle intended for use on a highway
without having the required insurance is punishable as a
misdemeanor and the imposition of a fine not to exceed
$100.
NACCA Legislative Overview 2013
Slide 756
SB 343
4. Any person who registers a large all-terrain vehicle pursuant to
section 5 of this act and who:
(a) Operates or knowingly permits the operation of the vehicle without
having insurance as required by section 5 of this act;
(b) Operates or knowingly permits the operation of the vehicle without
having evidence of insurance of the vehicle in the possession of the
operator of the vehicle; or
(c) Fails or refuses to surrender, upon demand, to a peace officer or to
an authorized representative of the Department the evidence of
insurance,
is guilty of a misdemeanor and shall be punished by a fine not to
exceed $100.
NACCA Legislative Overview 2013
Slide 757
SB 343
Sec. 3. “Large all-terrain vehicle” means
any all-terrain vehicle that includes seating
capacity for at least two people abreast and:
1. Total seating capacity for at least
four people; or
2. A truck bed.
NACCA Legislative Overview 2013
Slide 758
SB 503
(Effective on Various Dates)
Certain sections of NRS previously provided that a driver’s
license, identification card or motorcycle driver’s license
expired on the fourth anniversary of the holder’s birthday
from the birthday nearest the date of issuance or renewal.
These provisions expired by limitation on the date of
expiration of any extension of time granted to this State by
the Secretary of Homeland Security to comply with the
provisions of the Real ID Act of 2005, which occurred on
January 15, 2013. These provisions were replaced by
provisions that require the Department to adopt regulations
prescribing when a license or identification card expires.
(NRS 483.380, 483.875, 486.161)
NACCA Legislative Overview 2013
Slide 759
SB 503
Sections 9-11 and 18 of this bill allow the
Department to charge existing fees for licenses and
identification cards which expire on or before the
fourth anniversary of the person’s birthday and to
charge twice certain existing fees for licenses and
identification cards which expire on the eighth
anniversary of the person’s birthday or the eighth
anniversary of the date of issuance, as applicable.
NACCA Legislative Overview 2013
Slide 760
SB 503
Various other sections of NRS expired by limitation or were
replaced by new sections effective upon this expiration on
January 15, 2013, of the extension of time granted to this
State by the Secretary of Homeland Security to comply with
the provisions of the Real ID Act of 2005. (NRS 481.052,
483.290, 483.340, 483.345, 483.380, 483.840, 483.850,
483.860, 483.875, 486.081, 486.161)
These provisions will be removed or changed as appropriate
upon the next codification of NRS.
NACCA Legislative Overview 2013
Slide 761
SB 503
Existing law allows for the issuance of a
commercial driver’s license to nonresidents in
certain circumstances. (NRS 483.934, 483.936)
Federal regulations additionally allow for a
nonresident to obtain a commercial driver’s license
or commercial learner’s permit if the person is a
resident of a state that is prohibited from issuing
commercial driver’s licenses pursuant to 49 C.F.R.
§ 384.405. (49 C.F.R. § 383.78)
NACCA Legislative Overview 2013
Slide 762
SB 503
Sections 21 and 22 of this bill
provide for the issuance of a
nonresident commercial driver’s
license or nonresident commercial
learner’s permit to such a person.
NACCA Legislative Overview 2013
Slide 763
MISCELLANEOUS BILLS
(begins at Slide ___)
NACCA Legislative Overview 2013
Slide 764
AB 17
(Effective on 5/24/13)
Under existing law, the Director of the Department
of Corrections is required to take proper measures
to protect the health and safety of the staff and
offenders in the institutions. (NRS 209.131)
Section 2 of this bill requires the Director to take
proper measures to protect the health and safety of
school district employees who operate a program of
education for incarcerated persons in an institution
or facility.
NACCA Legislative Overview 2013
Slide 765
AB 58
(Effective on 10/1/13)
In 2012, the Governor established by executive order the
Interagency Council on Veterans Affairs. (Executive Order
2012-15 (7-3-2012)) The Council was charged with
identifying and prioritizing the needs of Nevada’s veterans,
working toward increasing the coordination of the efforts of
public and private agencies to meet those needs and
preparing a report of its findings and recommendations.
Section 10 of this bill creates the Council in statute and
prescribes its membership.
NACCA Legislative Overview 2013
Slide 766
AB 65
(Effective on 7/1/13)
This bill:
(1) Exempts certain entities, proceedings and meetings
from compliance with the Open Meeting Law in
certain circumstances;
(2) Prohibits a member of a public body from
designating a person to attend a meeting in the
member’s place without certain authority;
(3) Revises provisions relating to the prosecution of an
alleged violation of the Open Meeting Law; and
(4) Revises provisions governing supporting material
provided to the public for meetings.
NACCA Legislative Overview 2013
Slide 767
AB 65
Example:
Under the Open Meeting Law, a public body is required, upon
request and at no charge, to provide a copy of an agenda for the
meeting, any proposed ordinance or regulation to be discussed at
the meeting, and other supporting material, with certain
exceptions, provided to members of the public body for an item
on the agenda. (NRS 241.020)
Section 7 of this bill requires that a public body include on the
notice for a meeting: (1) the name and contact information for the
person designated by the public body from whom a member of
the public may request the supporting material for a meeting; and
(2) a list of the locations where the supporting material is
available to the public.
NACCA Legislative Overview 2013
Slide 768
AB 65
This bill creates a new statute in NRS Chapter 241:
Sec. 2. 1. The meetings of a public body that are quasijudicial in nature are subject to the provisions of this
chapter.
2. The following are exempt from the requirements of this
chapter: . . .
(b) Judicial proceedings, including, without
limitation, proceedings before the Commission on
Judicial Selection and, except as otherwise provided
in NRS 1.4687, the Commission on Judicial
Discipline.
NACCA Legislative Overview 2013
Slide 769
AB 144
(Effective on 7/1/13)
Under existing law, an unemancipated minor may make an
anatomical gift of his or her body or part thereof if he or she
is authorized under state law to apply for a driver’s license
because he or she is at least 16 years of age. (NRS 451.556,
451.558)
However, existing law also provides that if a donor who is
an unemancipated minor dies, a parent of the donor who is
reasonably available may revoke or amend an anatomical
gift of the donor’s (minor’s) body or part. (NRS 451.562)
NACCA Legislative Overview 2013
Slide 770
AB 144
This bill creates an exception such that if a donor
who is an unemancipated minor dies and at the time
of his or her death the donor was at least 16 years of
age and held a valid driver’s license or
identification card, a parent or guardian of the
donor is prohibited from revoking or amending an
anatomical gift of the donor’s (minor’s) body or
part if the donor and a parent or guardian have both
executed a form authorizing the anatomical gift.
NACCA Legislative Overview 2013
Slide 771
AB 154
(Effective on 7/1/13)
Under existing law, the director or other
authorized representative of an agency which
provides child welfare services and the
Executive Committee to Review the Death of
Children are authorized to appoint a
multidisciplinary team to review certain
records concerning the death of a child.
(NRS 432B.403-432B.407, 432B.409)
NACCA Legislative Overview 2013
Slide 772
AB 154
Section 1 of this bill authorizes a
multidisciplinary team to review the death of
a child to use data collected concerning the
death of a child for research and prevention
purposes if the data is aggregated and does
not allow for the identification of any person.
NACCA Legislative Overview 2013
Slide 773
AB 183
(Effective on 10/1/13)
Existing law allows any person who is 17
years of age or older to donate his or her
blood without the consent of his or her parent
or guardian. (NRS 460.040)
This bill allows any person who is 16 years
of age to donate his or her blood with the
consent of his or her parent or guardian.
NACCA Legislative Overview 2013
Slide 774
AB 225
(Effective on 10/1/13)
Existing law provides that it is unlawful for any
person, limited-liability company, partnership,
association or corporation to engage in the business
of, act in the capacity of, or advertise or assume to
act as, a business broker within this State without
first obtaining from the Real Estate Division of the
Department of Business and Industry a license as a
real estate broker, real estate broker-salesperson or
real estate salesperson and a permit to engage in
business as a business broker. (NRS 645.230)
NACCA Legislative Overview 2013
Slide 775
AB 225
Existing law defines a “business broker” as a person who,
while acting as a real estate broker, real estate brokersalesperson or real estate salesperson for another and for
compensation or with the intention or expectation of
receiving compensation:
(1) sells, exchanges, options or purchases a business;
(2) negotiates or offers, attempts or agrees to
negotiate the sale, exchange, option or purchase of a
business; or
(3) lists or solicits prospective purchasers of a
business. (NRS 645.0075)
NACCA Legislative Overview 2013
Slide 776
AB 225
This bill revises the definition of the term
“business broker” to limit its application to
the acts described in NRS 645.0075 which
are performed as part of a transaction,
proposed transaction or prospective
transaction involving an interest or estate in
real property.
NACCA Legislative Overview 2013
Slide 777
AB 287
(Effective on 7/1/13)
Existing law prescribes the process for initiating a
petition for the involuntary court-ordered admission
to a mental health facility of a person who is alleged
to have a mental illness.
Additionally, existing law specifies that if a court
finds that a person has a mental illness and is likely
to harm himself or herself or others if not treated,
the court must place the person in the most
appropriate course of treatment. (NRS 433A.115433A.330)
NACCA Legislative Overview 2013
Slide 778
AB 287
This bill authorizes the court to order the
involuntary admission of such a person to a
program of community-based or outpatient
services if such a program is an appropriate
course of treatment for that person.
NACCA Legislative Overview 2013
Slide 779
AB 287
Section 3 of this bill requires that: (1) a plan
of treatment be developed by persons who
are qualified in the field of psychiatric
mental health, in consultation with the person
who will receive the treatment; (2) the plan
contain certain information relating to the
course of treatment; and (3) the developers of
the plan submit the plan to the court in
writing.
NACCA Legislative Overview 2013
Slide 780
AB 287
Section 3.5 of this bill sets forth the manner in which to
address a person who has been involuntarily admitted to a
program of community-based or outpatient services and who
fails to participate in the program or otherwise fails to carry
out the written plan of treatment developed for the person
and submitted to the court.
Section 4 of this bill authorizes under certain circumstances
both the conditional release of a person involuntarily
admitted to a program of community-based or outpatient
services and the revocation of such release, and section 19
of this bill authorizes the unconditional release of such a
person under certain circumstances.
NACCA Legislative Overview 2013
Slide 781
AB 287
Section 12 of this bill requires the counsel for a person who
is judicially admitted to a program of community-based or
outpatient services to represent the person until the person is
released from the program.
Section 12 also requires the court to serve notice upon such
counsel of any action taken involving the person.
NACCA Legislative Overview 2013
Slide 782
AB 287
Section 13 of this bill sets forth the requirements for
participation in a program of community-based or outpatient
services, including that:
(1) The person who is admitted to the program must
be 18 years of age or older and have a history of
noncompliance with treatment for mental illness; and
(2) The court must approve the written plan of
treatment which has been developed for the person
and submitted to the court.
NACCA Legislative Overview 2013
Slide 783
AB 287
Section 23 of this bill revises existing law which generally
requires a person and his or her responsible relatives to pay
for the actual cost of the treatment and services rendered
during the person’s involuntary admission to a division
facility to require the same for an involuntary admission to a
program of community-based or outpatient services. (NRS
433A.640)
Responsible relatives include only the parent or legal
guardian of a minor or the husband or wife of a person.
(NRS 433A.610)
NACCA Legislative Overview 2013
Slide 784
AB 306
(Effective on 10/1/13)
Section 1 of this bill revises the definition of
the term “private investigator” to include
certain activities relating to investigations
into computerized data not available to the
public and certain crimes and torts.
NACCA Legislative Overview 2013
Slide 785
AB 306
Section 2 of this bill revises the applicability
of provisions governing private investigators
and related professions to exempt from the
requirements for licensure certain persons
who perform maintenance or repair of
computers under certain circumstances.
NACCA Legislative Overview 2013
Slide 786
AB 306
Section 1. NRS 648.012 is hereby amended to read as follows:
“Private investigator” means any person who for
any consideration engages in business or accepts
employment to furnish, or agrees to make or makes
any investigation for the purpose of obtaining,
including, without limitation, through the review,
analysis and investigation of computerized data
not available to the public, information with
reference to: . . .
...
NACCA Legislative Overview 2013
Slide 787
AB 306
4. A crime or tort that has been committed,
attempted, threatened or suspected, except an
expert witness or a consultant who is retained for
litigation or a trial, or in anticipation of litigation
or a trial, and who performs duties and tasks
within his or her field of expertise that are
necessary to form his or her opinion. . . .
NACCA Legislative Overview 2013
Slide 788
AB 306
Section 6 of this bill requires a person
licensed to engage in the business of a
private investigator, private patrol officer,
process server, repossessor, dog handler,
security consultant, or polygraphic examiner
or intern to maintain a principal place of
business in this State.
NACCA Legislative Overview 2013
Slide 789
AB 306
Section 5 of this bill requires that a licensee post his or her
license in a conspicuous place in the licensee’s principal
place of business in this State.
Section 4 of this bill requires a licensee to: (1) ensure that
every registered person employed in this State by the
licensee is supervised by a licensee who is physically
located in this State; and (2) maintain at a location in this
State records relating to employment, compensation,
licensure and registration of employees.
NACCA Legislative Overview 2013
Slide 790
AB 334
(Effective on 10/1/13)
Existing law provides certain exemptions from the
applicability of the provisions of chapter 624 of NRS, which
provides for the licensing and regulation of contractors.
(NRS 624.031)
This bill exempts from those provisions a licensed real estate
broker, real estate broker-salesperson or real estate
salesperson who, acting within the scope of his or her
license or a permit to engage in property management,
assists a client in scheduling work to repair or maintain a
residential property under certain circumstances.
NACCA Legislative Overview 2013
Slide 791
AB 334
This bill also requires the person licensed as
a real estate broker, real estate brokersalesperson or real estate salesperson to
maintain a record of any such work that the
person assists a client in scheduling.
NACCA Legislative Overview 2013
Slide 792
AB 363
(Effective on 10/1/13)
Under existing law, a board of county
commissioners of a county or the governing body
of a city may adopt by ordinance procedures
pursuant to which the board or governing body, or a
designee thereof, may order an owner of property to
abate a public nuisance or condition on the
property, including the clearing of certain debris, to
protect the public health, safety and welfare of the
residents of the county or city. (NRS 244.3605,
268.4122)
NACCA Legislative Overview 2013
Slide 793
AB 363
Existing law further provides that if, after the
provision of notice about the nuisance or condition
and an opportunity for a hearing, the property
owner does not abate the nuisance or condition, the
county or city may abate the nuisance or condition
and recover from the property owner the amount
expended by the county or city for the labor and
materials used to abate the nuisance or condition.
NACCA Legislative Overview 2013
Slide 794
AB 363
Section 2 of this bill adds litter, garbage,
abandoned or junk vehicles and junk
appliances to the list of conditions that
constitute a public nuisance for the purposes
of an ordinance adopted by a board of county
commissioners.
NACCA Legislative Overview 2013
Slide 795
AB 363
Section 2 also provides that, in a county whose
population is 700,000 or more (currently only Clark
County), such an ordinance may authorize the
county to request the operator of a tow car to abate
a public nuisance by towing an abandoned or junk
vehicle that is not concealed from ordinary public
view if certain requirements relating to notice and
the opportunity for a hearing are satisfied.
NACCA Legislative Overview 2013
Slide 796
AB 363
Similarly, section 3 of this bill, for the purposes of
an ordinance adopted by the governing body of a
city in any county whose population is 700,000 or
more (currently only Clark County), provides that
such an ordinance may authorize the city to request
the operator of a tow car to abate such a condition
by towing an abandoned or junk vehicle that is not
concealed from ordinary public view if certain
requirements relating to notice and the opportunity
for a hearing are satisfied.
NACCA Legislative Overview 2013
Slide 797
AB 363
Existing law provides for the regulation of tow cars
and the operators of tow cars. (NRS 706.445706.453)
Sections 2 and 3 provide that the operator of a tow
car who is requested by a county or city to tow a
vehicle to abate a public nuisance or condition must
comply with those provisions.
NACCA Legislative Overview 2013
Slide 798
AB 363
Section 4 of this bill provides that the
registered owner of a vehicle towed pursuant
to a request by a county or a city to abate a
public nuisance or condition is responsible
for the cost of removal and storage of the
vehicle.
NACCA Legislative Overview 2013
Slide 799
AB 419
(Effective on 6/5/13)
The Board of the Public Employees’ Benefits Program is
required to: (1) establish and carry out the Public
Employees’ Benefits Program; and (2) ensure that the
Program is funded on an actuarially sound basis and
operated in accordance with sound insurance and business
practices. (NRS 287.043)
This bill revises the membership of the Board from 9
members to 10 members by adding an additional member
who is retired from public employment and who is
appointed by the Governor.
NACCA Legislative Overview 2013
Slide 800
AB 421
(Effective on 10/1/13)
This bill replaces the provisions of existing law
governing artificial insemination and surrogacy
agreements with provisions governing assisted
reproduction and gestational agreements which are
based on the Uniform Parentage Act adopted by the
Uniform Law Commission and the Model Act
Governing Assisted Reproductive Technology
promulgated by the American Bar Association.
NACCA Legislative Overview 2013
Slide 801
AB 421
Sections 16-22 of this bill provide for the
parentage of a child conceived by a woman
by means of assisted reproduction.
Under section 18, a person who donates
eggs, sperm or embryos for assisted
reproduction by a woman is not a parent of
the resulting child.
NACCA Legislative Overview 2013
Slide 802
AB 421
Sections 19 and 20 provide that a person who
donates eggs, sperm or embryos for assisted
reproduction, or a person who consents to assisted
reproduction, with the intent of being a parent of
the resulting child is a legal parent of that child.
Section 22 provides for the parentage of a child if
the transfer of eggs, sperm or embryos occurs after
a marriage or domestic partnership is dissolved.
NACCA Legislative Overview 2013
Slide 803
AB 421
Sections 23-33 of this bill enact provisions
governing gestational agreements under
which a woman carries and gives birth to a
child intending that another person or
persons become the legal parent or parents of
the child.
NACCA Legislative Overview 2013
Slide 804
AB 421
Section 24 provides that if an enforceable gestational
agreement is entered into by the gestational carrier, her
spouse or domestic partner, if any, and the intended parent
or parents:
(1) The intended parent or parents under the gestational
agreement become the legal parent or parents of the
resulting child upon the birth of that child; and
(2) The gestational carrier and her spouse or domestic
partner, if any, are not the legal parents of the resulting
child.
NACCA Legislative Overview 2013
Slide 805
AB 421
Sections 26 and 27 establish the
requirements for: (1) a person to be eligible
to be a gestational carrier; (2) the intended
parent or parents; and (3) the execution and
contents of an enforceable gestational
agreement.
Sections 30 and 31 establish remedies for a
breach of a gestational agreement.
NACCA Legislative Overview 2013
Slide 806
AB 421
Sections 32 and 33:
(1) authorize the reimbursement of certain
expenses incurred by a donor of a gestational
carrier in connection with a gestational
agreement; and
(2) enact provisions governing the
compensation paid to a gestational carrier.
NACCA Legislative Overview 2013
Slide 807
AB 445
(Effective on Various Dates)
Section 2 of this bill requires the Department of
Administration to establish and maintain a location on the
official website of the State for the posting of notices by
public bodies that are required by the Open Meeting Law.
Section 2 also requires that the location be identified on the
official website in a clear and conspicuous manner.
Section 1 of this bill revises the notice provision of the Open
Meeting Law to require the posting of notices of public
meetings on the State’s official website.
NACCA Legislative Overview 2013
Slide 808
AB 445
Section 2.5 of this bill requires the
Department to:
(1)Establish a directory of all public bodies;
and
(2)Include the directory on the official
website of the State in a clear and
conspicuous location.
NACCA Legislative Overview 2013
Slide 809
AB 445
Section 4 of this bill requires the Department to
have the locations on the State’s official website
fully operational by January 1, 2014.
Section 6 of this bill requires the posting of notices
of meetings by public bodies to the official website
of the State beginning on January 1, 2014, except
that section 5 of this bill allows public bodies of
local governments until July 1, 2014, to comply
with the new requirement.
NACCA Legislative Overview 2013
Slide 810
AB 445
Section 1:
3. Minimum public notice is:
...
(b) Posting the notice on the official website of the State
pursuant to section 2 of this act not later than 9 a.m. of the
third working day before the meeting is to be held, unless
the public body is unable to do so because of technical
problems relating to the operation or maintenance of the
official website of the State;
NACCA Legislative Overview 2013
Slide 811
SB 21
(Effective on Various Dates)
Existing law sets forth provisions governing the
collection of debts owed to a state agency. (Chapter
353C of NRS)
Section 2 of this bill provides a uniform rate of
interest that is applicable to each debt which is
assigned by a state agency to the State Controller
for collection and which is subject to the payment
of interest pursuant to a specific statute or
regulation.
NACCA Legislative Overview 2013
Slide 812
SB 21
Section 1. Chapter 353C of NRS is hereby amended by
adding thereto the provisions set forth as sections 2, 3 and 4
of this act.
Sec. 2. If an agency assigns a debt to the State Controller
for collection pursuant to NRS 353C.195 and the debt is
subject to the payment of interest pursuant to a specific
statute or regulation, interest must accrue on the debt at
the rate most recently established pursuant to NRS 99.040
beginning on the date of the assignment of the debt to the
State Controller, notwithstanding any other rate of interest
set forth in the specific statute or regulation.
NACCA Legislative Overview 2013
Slide 813
SB 21
Section 3 of this bill provides that the State Controller is not
required to refund overpayments on debt owed to the State
that are less than $10 unless the refund is timely requested in
writing.
Sec. 3. The State Controller is not required to draw a
warrant to refund an overpayment of a debt which is paid
to the State Controller if the amount of the overpayment is
less than $10, unless the debtor, not later than 1 year after
the date of the overpayment, submits a written request to
the State Controller for payment of the refund.
NACCA Legislative Overview 2013
Slide 814
SB 21
Section 5 of this bill revises the costs and
fees that certain debtors must pay for the
collection of a debt owed to the State.
NACCA Legislative Overview 2013
Slide 815
SB 107
(Effective on 10/1/13)
Sections 1 and 2 of this bill authorize the use of corrective
room restriction on a child who is detained in a state, local
or regional facility for the detention of children only if all
other less-restrictive options have been exhausted and only
to:
(1) Modify the negative behavior of the child;
(2) Hold the child accountable for a violation of a rule of the
facility; or
(3) Ensure the safety of the child, the staff or others or to
ensure the security of the facility.
NACCA Legislative Overview 2013
Slide 816
SB 107
Sections 1 and 2 also:
(1) Specify certain actions that must be taken with respect to
a child subjected to corrective room restriction;
(2) Provide that if a child is subjected to corrective room
restriction, the period of corrective room restriction must
be the minimum time required to address the negative
behavior, rule violation or threat; and
(3) Provide that a child must not be subjected to corrective
room restriction for more than 72 consecutive hours.
NACCA Legislative Overview 2013
Slide 817
SB 108
(Effective on 10/1/13)
Existing law provides that a juvenile court has exclusive
jurisdiction over proceedings concerning a child who is: (1)
alleged or adjudicated to be in need of supervision as a result
of certain acts committed by the child; or (2) alleged or
adjudicated to have committed a delinquent act, including
the violation of a county or municipal ordinance. (NRS
62B.320, 62B.330)
Sections 1 and 2 of this bill provide that a child who
violates a county or municipal ordinance imposing a curfew
on or restricting loitering by a child is to be adjudicated by
the juvenile court as a child in need of supervision rather
than as a delinquent child.
NACCA Legislative Overview 2013
Slide 818
SB 108
Existing law authorizes the juvenile court to suspend or
delay the issuance of the driver’s license of a child who has
been adjudicated delinquent or in need of supervision for
certain acts. (NRS 62E.250, 62E.430, 62E.630, 62E.640,
62E.650, 62E.690)
Under existing law, the Department of Motor Vehicles may
issue a restricted driver’s license permitting a child whose
driver’s license has been revoked or suspended by the
juvenile court to drive: (1) to and from work or in the course
of work, or both; or (2) to and from school. (NRS 483.390)
NACCA Legislative Overview 2013
Slide 819
SB 108
Sections 4 and 6 of this bill authorize the juvenile court to
order the Department of Motor Vehicles to issue a restricted
driver’s license to a child if:
(1) The juvenile court has suspended or delayed the issuance
of the child’s driver’s license because the child was
adjudicated delinquent for the unlawful use, possession,
sale or distribution of a controlled substance, or the
unlawful purchase, consumption or possession of an
alcoholic beverage; and
(2) The juvenile court finds that the suspension or delay
causes severe or undue hardship to the child or his or her
immediate family.
NACCA Legislative Overview 2013
Slide 820
SB 131
(Effective on 10/1/13)
Existing law sets forth the powers and duties of a
personal representative in the administration of the
estate of a decedent. (Chapter 143 of NRS)
This bill authorizes a personal representative to
direct the termination of any account of the
decedent on any Internet website providing social
networking or web log, microblog, short message or
electronic mail service.
NACCA Legislative Overview 2013
Slide 821
SB 131
Section 1. Chapter 143 of NRS is hereby amended
by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2,
subject to such restrictions as may be prescribed in
the will of a decedent or by an order of a court of
competent jurisdiction, a personal representative
has the power to direct the termination of any
account of the decedent, including, without
limitation:
NACCA Legislative Overview 2013
Slide 822
SB 131
(a) An account on any:
(1) Social networking Internet website;
(2) Web log service Internet website;
(3) Microblog service Internet website;
(4) Short message service Internet website; or
(5) Electronic mail service Internet website;
or
(b) Any similar electronic or digital asset of the decedent.
NACCA Legislative Overview 2013
Slide 823
SB 131
2. The provisions of subsection 1 do not authorize a
personal representative to direct the termination of any
financial account of the decedent, including, without
limitation, a bank account or investment account.
3. The act by a personal representative to direct the
termination of any account or asset of a decedent pursuant
to subsection 1 does not invalidate or abrogate any
conditions, terms of service or contractual obligations the
holder of such an account or asset has with the provider or
administrator of the account, asset or Internet website.
NACCA Legislative Overview 2013
Slide 824
SB 177
(Effective on 10/1/13)
Section 17 of this bill authorizes a board of county
commissioners to adopt an ordinance which
prohibits a minor from purchasing or attempting to
purchase tobacco products, possessing or
attempting to possess tobacco products, using
tobacco products or falsely representing his or her
age to purchase, possess or obtain tobacco products.
Section 4 of this bill provides that a child may be
issued a citation for violating the ordinance.
NACCA Legislative Overview 2013
Slide 825
SB 177
Under section 4, a citation for a violation of the
ordinance may be issued to a child who is the
occupant of a vehicle only if the vehicle is halted or
its driver arrested for another offense. Section 3 of
this bill provides that a probation officer may act as
a master of the juvenile court if the proceeding
involves such a citation. Under sections 3.3, 3.7
and 17 of this bill, a child who violates the
ordinance is a child in need of supervision for the
purposes of juvenile court proceedings rather than a
delinquent child. NACCA Legislative Overview 2013
Slide 826
SB 177
Section 5 of this bill sets forth the possible penalties if a
child is adjudicated to be in need of supervision because the
child has committed a violation of the ordinance. Under
section 5, the juvenile court may order a child to pay a $25
fine for a first adjudication, a $50 fine for a second
adjudication and a $75 fine for a third or any subsequent
adjudication.
If the juvenile court orders a child to pay such a fine, section
5 requires the juvenile court to order the child to pay a $10
administrative assessment in addition to the fine.
NACCA Legislative Overview 2013
Slide 827
SB 177
Section 5 further provides that:
(1) For any adjudication that a child is in need of
supervision because the child committed a violation of
the ordinance, the juvenile court may order a child to
attend a tobacco awareness and cessation program; and
(2) For a third or any subsequent adjudication or for a
willful failure by the child to pay a fine or administrative
assessment, the juvenile court may order a suspension or
delay in the issuance of the child’s driver’s license for at
least 30 days but not more than 90 days.
NACCA Legislative Overview 2013
Slide 828
SB 177
Under section 5, if the juvenile court orders the
suspension or delay in the issuance of a child’s
driver’s license, the juvenile court may order the
Department of Motor Vehicles to issue to the child
a restricted driver’s license that authorizes the child
to drive to and from school or work or to acquire
medicine or food for himself or herself or for an
immediate family member.
NACCA Legislative Overview 2013
Slide 829
SB 177
• Existing law prohibits various acts related
to tobacco or products made from
• tobacco. (NRS 202.2485-202.2497)
Sections 11-16 of this bill revise these
• prohibitions to include tobacco or products
made or derived from tobacco, and
• define the term “products made or derived
from tobacco.”
NACCA Legislative Overview 2013
Slide 830
SB 177
2. If a child who is issued a citation for an offense related
to tobacco executes a written promise to appear in court by
signing the citation, the peace officer:
(a) Shall deliver a copy of the citation to the child;
and
(b) Shall not take the child into physical custody for
the violation.
3. A citation for an offense related to tobacco may be
issued to a child who is an occupant of a vehicle pursuant
to this section only if the violation is discovered when the
vehicle is halted or its driver is arrested for another alleged
violation or offense.
NACCA Legislative Overview 2013
Slide 831
SB 177
Sec. 4. Chapter 62C of NRS is hereby amended by
adding thereto a new section to read as follows:
1. If a child is stopped or otherwise detained by a
peace officer for an offense related to tobacco, the
peace officer may prepare and issue a citation in
the same manner in which a traffic citation is
prepared and issued pursuant to NRS 62C.070.
NACCA Legislative Overview 2013
Slide 832
SB 258
(Effective on 7/1/13; expires by limitation on 7/1/14)
Section 2 of this bill creates the Task Force on the
Prevention of Sexual Abuse of Children within the
Division. Section 3 of this bill establishes certain
procedures governing the Task Force.
Section 4 of this bill authorizes the Task Force to
recommend a policy that includes educating certain
persons who are associated with children about the
sexual abuse of children, and providing support
services to children in this State who may be
affected by sexual abuse.
NACCA Legislative Overview 2013
Slide 833
SB 258
Section 5 of this bill: (1) requires the Task Force to provide
to the Governor and the Legislature recommendations, in the
form of a report, to reduce the sexual abuse of children in
this State; (2) sets a deadline for the submission of the
report; (3) requires the Task Force to seek information from
certain agencies, organizations and persons in compiling the
required recommendations; and (4) requires the Task Force
to recommend goals for policy to prevent the sexual abuse
of children in this State.
Section 6 of this bill provides for the expiration of the Task
Force.
NACCA Legislative Overview 2013
Slide 834
SB 314
(Effective on 10/1/13)
This bill provides that the liberty interest of a parent
in the care, custody and management of his or her
child is a fundamental right.
This bill also provides that this fundamental right
does not: (1) authorize a parent to engage in
unlawful conduct or to abuse or neglect a child; or
(2) prohibit courts, law enforcement officers or
agencies which provide child welfare services from
acting within their official capacity.
NACCA Legislative Overview 2013
Slide 835
SB 314
Section 1. Chapter 126 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. The liberty interest of a parent in the care, custody and
management of the parent’s child is a fundamental right.
2. Nothing in this section shall be construed to:
(a) Authorize a parent to engage in any unlawful conduct
or to abuse or neglect a child in violation of the laws of
this State.
(b) Prohibit courts, law enforcement officers or employees
of an agency which provides child welfare services from
acting in their official capacity within the scope of their
authority.
NACCA Legislative Overview 2013
Slide 836
SB 314
3. Except as otherwise provided by specific statute, the
provisions of this section apply to any statute, local
ordinance or regulation and the implementation of such
statute, local ordinance or regulation regardless of
whether such statute, local ordinance or regulation was
adopted or effective before, on or after October 1, 2013.
4. As used in this section, “agency which provides child
welfare services” has the meaning ascribed to it in NRS
432B.030.
NACCA Legislative Overview 2013
Slide 837
SB 338
(Effective on 7/1/13)
Sections 1-119 of this bill replace the term “mental
retardation” with “intellectual disability,” replace the term
“mentally retarded” with “intellectually disabled” and
change other similar words and terms in a similar manner.
These changes are intended to mirror changes made by the
federal law commonly cited as “Rosa’s Law.” (Pub. L. No.
111-256)
Section 120 of this bill provides that the amendatory
provisions of this bill shall be construed as nonsubstantative
and that it is not the intent of the Nevada Legislature to
modify any existing application, construction or
interpretation of any statute which has been so amended.
NACCA Legislative Overview 2013
Slide 838
SB 338
Sec. 68. The preliminary chapter of NRS is hereby amended by adding
thereto a new section to read as follows:
Except as otherwise provided by specific statute or required by the
context, “intellectual disability” and any variation of that term:
1. Means a condition previously referred to as “mental retardation,”
“mentally retarded” and any variation of that term;
2. Has the same meaning as a condition previously referred to as
“mental retardation,” “mentally retarded” and any variation of that
term with respect to rights and responsibilities of persons with such a
condition and eligibility or qualification of persons with such a
condition for any program, benefit or otherwise; and
3. Must be interpreted to have the same meaning for any judicial
interpretation of any provision which previously referred to “mental
retardation,” “mentally retarded” and any variation of that term.
NACCA Legislative Overview 2013
Slide 839
SB 404
(Effective on 10/1/13)
Sections 1 and 8 of this bill prohibit subcontractors
from receiving public money for subcontracts for
public works or projects for the construction or
maintenance of highways unless the subcontractors
hold a state business license.
Section 7.5 of this bill also clarifies that a person is
prohibited from entering into a contract with the
State of Nevada unless the person holds a state
business license.
NACCA Legislative Overview 2013
Slide 840
SB 404
Existing law defines activities that constitute deceptive trade
practices and provides for the imposition of civil and
criminal penalties against persons who engage in deceptive
trade practices. (Chapter 598 of NRS)
Section 9 of this bill provides that certain advertising
practices which misrepresent the geographic location of a
provider or vendor of floral or ornamental products or
services constitutes a deceptive trade practice.
Sections 6, 7 and 10-18 of this bill make conforming
changes relating to the new deceptive trade practice
established in section 9.
NACCA Legislative Overview 2013
Slide 841
SB 414
(Effective on 10/1/13)
Section 1 of this bill prohibits a minor from
knowingly and willfully using an electronic
communication device, such as a cell phone, to
transmit or distribute, or otherwise knowingly and
willfully transmitting or distributing, an image of
bullying committed against another minor for the
purpose of encouraging, furthering or promoting
bullying and harming the minor.
NACCA Legislative Overview 2013
Slide 842
SB 414
A minor who violates this provision is considered:
(1) For a first violation, a child in need of
supervision for the purposes of the laws
governing juvenile justice; and
(2) For a second or subsequent violation, to have
committed a delinquent act, and the juvenile
court may order the detention of the minor in
the same manner as if the minor had committed
an act that would have been a misdemeanor if
committed by an adult.
NACCA Legislative Overview 2013
Slide 843
SB 425
(Effective on 6/11/13)
Existing law prohibits a person who is licensed to
engage in off-track parimutuel wagering from:
(1) Accepting less than the full face value of an offtrack pari-mutuel wager;
(2) Agreeing to refund or rebate a portion or
percentage of the full face value of an off-track
pari-mutuel wager; or
(3) Increasing the payoff of or paying a bonus on a
winning off-track pari-mutuel wager. (NRS
464.075)
NACCA Legislative Overview 2013
Slide 844
SB 425
This bill requires the Nevada Gaming Commission to study
and review issues relating to the offering of rebates on parimutuel wagers, including the feasibility of:
(1) Accepting less than the full face value of an off-track
pari-mutuel wager;
(2) Agreeing to refund or rebate a portion or percentage of
the full face value of an off-track parimutuel wager; and
(3) Increasing the payoff of or paying a bonus on a winning
offtrack pari-mutuel wager.
NACCA Legislative Overview 2013
Slide 845
SB 425
This bill further requires the Commission to adopt
regulations exempting certain bets, refunds, rebates,
payoffs or bonuses relating to off-track pari-mutuel
wagering from the current prohibition under state
law
if, after studying and reviewing the issue, the
Commission determines that it is in the best
interests of this State and licensed gaming in this
State.
NACCA Legislative Overview 2013
Slide 846
SB 476
(Effective on 6/28/13)
Existing law requires that, upon request, the Attorney General provide
for the defense of a present or former State Legislator, officer or
employee of this State, immune contractor or member of a state board or
commission in any civil action brought against that person based on any
alleged act or omission relating to the person’s public duties or
employment. (NRS 41.0339)
Under existing law, the Attorney General is authorized to employ special
counsel with respect to such civil actions if the Attorney General
determines at any time prior to trial that it is impracticable,
uneconomical or could constitute a conflict of interest for the legal
service to be rendered by the Attorney General or a deputy attorney
general.
NACCA Legislative Overview 2013
Slide 847
SB 476
The compensation for such special counsel is fixed by the
Attorney General, subject to the approval of the State Board
of Examiners. (NRS 41.03435) Existing law requires that
the special counsel’s compensation be paid out of the
Reserve for Statutory Contingency Account. (NRS
41.03435)
This bill adds an alternative source, if available, for the
payment of the special counsel’s compensation, namely any
available federal grants or a permanent fund in the State
Treasury other than the State General Fund.
NACCA Legislative Overview 2013
Slide 848
DEAD BILLS OF INTEREST
(includes Vetoed Bills)
(begins at Slide ___)
NACCA Legislative Overview 2013
Slide 849
AB 240
--Vetoed-This bill would have added certain language to NRS 41.141.
Example:
1. In any action to recover damages for death or injury to persons or for
injury to property in which comparative negligence is [asserted as a
defense,] a bona fide issue, the comparative negligence of the plaintiff
or the plaintiff’s decedent does not bar a recovery if that negligence was
not greater than the negligence or gross negligence of the parties to the
action against whom recovery is sought. Comparative negligence is not
a bona fide issue if the trier of fact finds no comparative negligence on
the part of the plaintiff or the plaintiff’s decedent.
NACCA Legislative Overview 2013
Slide 850
AB 313
(Did not become law)
This bill would have required the Advisory Commission on the
Administration of Justice to:
(1) Consider issues concerning electronic surveillance by law
enforcement;
(2) Evaluate issues related to certain traffic laws and laws
relating to drivers’ licenses and to the registration of and
insurance for 7 motor vehicles, and the treatment of violations
of such laws as criminal offenses or civil infractions; and
(3) Evaluate issues concerning language access in the courts.
NACCA Legislative Overview 2013
Slide 851
SB 180
--Vetoed-This bill would have provided that if a court finds that an
employee has been injured as the result of certain unlawful
employment practices,
the court would have been required to award to the
employee, in addition to any other legal or equitable relief,
damages, lost wages and benefits, costs and attorney’s fees
to the extent consistent with Title VII of the Civil Rights
Act, 42 U.S.C. §§ 2000e et seq.
NACCA Legislative Overview 2013
Slide 852
SB 221
--Vetoed-Among other changes, this bill would have required a court
to transmit within 5 business days certain records of
adjudication concerning a person’s mental health to the
Central Repository for certain purposes relating to the
purchase or possession of a firearm.
The bill also would have required each agency of criminal
justice to submit information relating to records of criminal
history within 60 days after the date of the conviction.
NACCA Legislative Overview 2013
Slide 853
SB 312
--Vetoed-This bill would have made a variety of changes
relating to “victim-impact panels” in DUI cases.
Examples:
(1) Making the DMV responsible for regulating the
organizations which conduct the panels;
(2) Requiring security personnel to be on site;
(3) Establishing procedures relating to the
disbursement of fees for panels.
NACCA Legislative Overview 2013
Slide 854
SB 373
--Vetoed-This bill would have made a series of changes
relating to civil judgments.
Examples:
(1) Allowing judgments to be paid in installments.
(2) Increasing the exemption for earning from 75%
to 85% for low-income earners.
(3) Authorizing judgment debtors to sue judgment
creditors who fail to comply with the rules for
domesticating foreign judgments.
NACCA Legislative Overview 2013
Slide 855
SB 421
--Vetoed-This bill would have revised the grounds for challenging a
juror for cause.
Example:
“The court shall excuse any juror who the court
determines is more likely than not to be biased for
or against any party to the proceeding.”
NACCA Legislative Overview 2013
Slide 856
THE END
• If you have any questions, please contact
Joe Tommasino
Staff Attorney, Clark County Courts
(702) 671-3424
[email protected]
NACCA Legislative Overview 2013
857