Legislative Overview 2013 for Limited Jurisdiction Courts

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 Joe Tommasino, Esq. Staff Attorney Clark County Courts 200 Lewis Ave. Las Vegas, NV 89155 Phone: (702) Fax: (702) NACCA Legislative Overview 2013

General Sources of NV Law
Recent Cases from the Nevada Supreme Court: * Select “Supreme Court” * On the right-hand column, under “Decisions,” select “Advance Opinions.” NACCA Legislative Overview 2013

All Court Rules for Nevada: * Includes: “Retention Schedules” “E-Filing Rules” “Nevada Code of Judicial Conduct” “JCRCP”/ “NRCP” / “JCRLV” / Etc. NACCA Legislative Overview 2013

Nevada Administrative Code Nevada Constitution City Charters Etc. NACCA Legislative Overview 2013

Nevada Revised Statutes Online
To access the Nevada Revised Statutes: (1) Go to (2) Click the “Law Library” tab on the left side of the page. (3) Click “Nevada Revised Statutes”—“Table of Contents” “Table of Contents” allows you to select statutes by chapter number. “Index” allows you to select statutes by subject matter. “Search” allows you to search for the NRS you need. The Nevada Revised Statutes are updated following each legislative session and are available online usually in November or December of the session year. NACCA Legislative Overview 2013

Legislative Bills Online
Go to (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. The Legislative Counsel Bureau website is an excellent resource for learning about the Nevada State Legislature and researching bills of particular interest, including Bill Draft Requests (BDR’s) and committee information. The website also offers personalized bill tracking (PBT). Once you have created an account, PBT allows you to maintain a list of bills and bill draft requests, and you also receive daily updates. For example, you can be notified when bills are introduced, and you can receive notice of a hearing on your particular bill. When you click “Bill Information,” there is also a link to “NRS SECTIONS PROPOSED TO BE AMENDED OR REPEALED.” This provides a wealth of information about which particular statutes are being amended by new legislation. When you click “Bill Information,” there is also a “SUBJECT INDEX” which categorizes bills by subject area. Other available links include “Bills by Chapter Number,” bills effective on specific dates, bills vetoed by the Governor, and “NRS Chapters Proposed to Be Amended by Addition” (which tells you if a specific NRS Chapter will include new statutory language). NACCA Legislative Overview 2013

NACCA Legislative Overview 2013
Finding Key Bills NRS Sections Proposed to Be Amended or Repealed: Subject Index for 2013 Legislation: NACCA Legislative Overview 2013

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 NACCA Legislative Overview 2013

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 ___-___) NACCA Legislative Overview 2013

CIVIL (begins at Slide ___) NACCA Legislative Overview 2013

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. NACCA Legislative Overview 2013

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 , 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. NACCA Legislative Overview 2013

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. NACCA Legislative Overview 2013

AB 54 Examples: In a civil action for unlawful detainer pursuant to NRS to , inclusive, in which a notice to quit has been served pursuant to NRS For the filing of any paper in intervention [$6.00] $25.00 NACCA Legislative Overview 2013

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 NACCA Legislative Overview 2013

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 NACCA Legislative Overview 2013

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: NACCA Legislative Overview 2013

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 multi-use facility that includes a justice court; NACCA Legislative Overview 2013

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; NACCA Legislative Overview 2013

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; NACCA Legislative Overview 2013

AB 54 (h) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 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. NACCA Legislative Overview 2013

AB 54 Any money remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year. NACCA Legislative Overview 2013

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. NACCA Legislative Overview 2013

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. NACCA Legislative Overview 2013

AB 54 Note: Under NRS 5.073(2), “[e]ach municipal judge shall charge and collect such fees prescribed in NRS 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

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

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 ) 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 ) 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. NACCA Legislative Overview 2013

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 ) 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 ) NACCA Legislative Overview 2013

AB 182 Sec. 5. NRS 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 ] NACCA Legislative Overview 2013

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. NACCA Legislative Overview 2013

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 ) 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. NACCA Legislative Overview 2013

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 ) 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. NACCA Legislative Overview 2013

AB 223 Existing law provides that a constable is a peace officer in his or her township. (NRS ) 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

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. NACCA Legislative Overview 2013

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 , , ) 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. NACCA Legislative Overview 2013

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 ) 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. NACCA Legislative Overview 2013

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

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 , , ) NACCA Legislative Overview 2013

AB 282 Additionally, under existing case law in Nevada, the phrase “any person,” as used in NRS (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

AB 282 This bill amends NRS , and to provide that bonds procured pursuant to NRS and and deposits made in lieu of such bonds pursuant to NRS may be used to compensate only a consumer, for any loss or damage established, and no other person. NACCA Legislative Overview 2013

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

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. NACCA Legislative Overview 2013

AB 284 Section 1.3 of this bill: Establishes provisions concerning notice requirements for such an early termination; Establishes provisions concerning liability of unpaid amounts relating to the termination of a rental agreement; NACCA Legislative Overview 2013

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

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

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

AB 284 Sec 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. NACCA Legislative Overview 2013

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; NACCA Legislative Overview 2013

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. NACCA Legislative Overview 2013

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. NACCA Legislative Overview 2013

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. NACCA Legislative Overview 2013

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. NACCA Legislative Overview 2013

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

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

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 ) 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

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

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 NACCA Legislative Overview 2013

AB 326 Sec. 2. NRS is hereby amended to read as follows: 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

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

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

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

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

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

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

SB 4 5. Except as otherwise provided in NRS , 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

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

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 high-interest 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

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

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

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 ) NACCA Legislative Overview 2013

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

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

SB 140 Section 1. NRS is hereby amended to read as follows: 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

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

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

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

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

COURT ADMINISTRATION (begins at Slide __) NACCA Legislative Overview 2013

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

AB 12 (Effective on 5/18/13) Existing law: 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 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 ) NACCA Legislative Overview 2013

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

AB 13 (Effective on 5/18/13) Chapter 288 of NRS, the Local Government Employee-Management Relations Act, creates the Local Government Employee-Management Relations Board. (NRS ) 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

AB 13 Prior law required the Board to conduct a hearing within 90 days after the Board decides to hear a complaint. (NRS ) 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

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

AB 85 (Effective on 7/1/13) Existing law authorizes: 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 a local government to join or use the contracts of the State of Nevada or another state if authorized by the contracting vendor. (NRS ) NACCA Legislative Overview 2013

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

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: Employed full-time by the injured worker’s labor organization; An attorney admitted to practice law in Nevada; A full-time employee of such an attorney who was supervised by that attorney; or Appearing on behalf of the injured worker without compensation. (NRS 616C.325) NACCA Legislative Overview 2013

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

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

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 ) 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

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

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

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

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

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

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

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

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

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

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. a NACCA Legislative Overview 2013

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

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

AB 364 No such absence may be a part of the employee’s annual vacation provided for by law. NACCA Legislative Overview 2013

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

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

AB 365 NRS 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

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

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 , 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

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

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

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

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

AB 365 Sec. 3. (Amends NRS ) 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 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

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

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

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 and 1.520; or (2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS or NACCA Legislative Overview 2013

AB 365 Section 5 (Amends NRS ): 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

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

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

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 ] : NACCA Legislative Overview 2013

AB 365 (1) Has a certificate as an interpreter issued by the Court Administrator pursuant to NRS and 1.520; or (2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS or (b) “Person with a language barrier” has the meaning ascribed to it in NRS NACCA Legislative Overview 2013

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

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

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 ) NACCA Legislative Overview 2013

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

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

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

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

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 ) NACCA Legislative Overview 2013

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

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

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

AB 408 Sec. 6. NRS 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

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

AB 408 Sec. 7. NRS is hereby amended to read as follows: 1. A business impact statement prepared pursuant to NRS 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

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

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

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 ) This bill requires the Division also to provide digital imaging services to local governments on the same terms. NACCA Legislative Overview 2013

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

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 ) NACCA Legislative Overview 2013

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

AB 503 Any money loaned or transferred by the governing body pursuant to section 1 must be used only, in order of priority: To restore police and fire services; To restore the operation of libraries, parks and other recreational services; and To settle any legal claim outstanding on the date on which the loan or transfer is made. NACCA Legislative Overview 2013

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

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

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 Each report submitted by the governing body of a local government pursuant to subsection 3 must include, without limitation: NACCA Legislative Overview 2013

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

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 biennium. NACCA Legislative Overview 2013

AB 507 Sec. 11. Supreme Court of Nevada. FY FY For the support of the: Supreme Court of Nevada $4,726,541 $4,800,021 Supreme Court Law Library ,615,920 1,634,197 Judicial Programs and Services Division , ,022 NACCA Legislative Overview 2013

AB 507 FY FY Judicial Retirement System State Share ,037,650 2,037,650 Senior Justice and Senior Judge Program , ,600 Judicial Selection , ,270 State Judicial Elected Officials ,073, ,378,512 NACCA Legislative Overview 2013

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

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

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

AB 512 (a) To pay the unpaid balance of an AA imposed pursuant to NRS [SLIDING SCALE]; (b) To pay the unpaid balance of a Facility AA pursuant to NRS ; (c) To pay the unpaid balance of a Specialty-Court AA pursuant to NRS ; (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

SB 21 (Effective on Various Dates)
Sections 4, , and 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: The person owes a debt to a state agency which has been assigned to the State Controller for collection; or The person has not provided to those licensing agencies certain information relating to state business licenses. NACCA Legislative Overview 2013

SB 21 Sec 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

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

SB 21 Sec 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

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

SB 21 Sec 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

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

SB 27 (Effective on 7/1/13) Sections 2-3 and 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

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

SB 27 IMPORTANT! In addition, sections 2-3 and 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

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

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 NACCA Legislative Overview 2013

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 ) Section 1 of this bill authorizes the Director of the Department of Corrections to: 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 Exempt certain offenders from certain provisions concerning the Fund. NACCA Legislative Overview 2013

SB 32 3. The Director: (c) May permit the distribution of money to a governmental entity for any applicable deduction authorized pursuant to NRS 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

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 ) 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

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 D.965, , , 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

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

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

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 ) 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

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 ) 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

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

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

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

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

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

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

SB 127 Sec 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

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

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

SB 127 Sec 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

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

SB 127 Sec 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

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

SB 142 (Effective on 7/1/13) Section 3 of this bill requires the Office of Energy to: Provide local governments with information and educational resources relating to operating cost-savings measures and performance contracts; and 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

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

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

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 ) 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

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, , , , chapters 616A-616D of NRS) NACCA Legislative Overview 2013

SB 208 NRS : “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

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 and 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

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

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

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

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 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

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

SB 228 Sections 16.3, 16.5 and 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 , , , , , , ) 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

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: 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 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

SB 228 Sec 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

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 self-reporting, 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

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

SB 419 Existing law provides for the performance of marriages by commissioners of civil marriage in certain counties. (NRS ) 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

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

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

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

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

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

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

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, 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

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

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

CRIMINAL PENALTIES (begins at Slide ___) NACCA Legislative Overview 2013

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 ) 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

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

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

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 ) This bill adds an attempt or conspiracy to commit certain crimes to that list. NACCA Legislative Overview 2013

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

AB 67 Sections 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

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

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

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

AB 67 Sections and 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

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

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

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

AB 74 Section 4 excludes from this definition, among others: 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; A governmental entity or an employee of such an entity; Certain legal aid offices and lawyer referral services. NACCA Legislative Overview 2013

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

AB 74 Sec A person who willfully violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto: NACCA Legislative Overview 2013

AB 74 For the first offense within the immediately preceding 5 years, is guilty of a misdemeanor. 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

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

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

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

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 ) 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

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

AB 116 Prior law provided that an accessory to a felony was guilty of a category C felony. (NRS ) 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

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 ) 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

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 , a person who violates this subsection is guilty of a gross misdemeanor. NACCA Legislative Overview 2013

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

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

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

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

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

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

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

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

AB 155 Sec 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

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

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

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

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

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

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 (b) A gross misdemeanor is guilty of a gross misdemeanor. (c) A misdemeanor is guilty of a misdemeanor. NACCA Legislative Overview 2013

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

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

AB 246 This bill provides an exception for selling, attempting to sell, offering for adoption or transferring ownership if: 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; the person sells, attempts to sell, offers for adoption or transfers ownership of the animal in accordance with the ordinance; and 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

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

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

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 ) Section 5 also makes a second or subsequent violation of such an offense a gross misdemeanor. NACCA Legislative Overview 2013

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 ) Section 8 of this bill increases the penalty for that violation from a misdemeanor to a gross misdemeanor. NACCA Legislative Overview 2013

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

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

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 NACCA Legislative Overview 2013

AB 341 (Effective on 10/1/13) Sec (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 , 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 NACCA Legislative Overview 2013

AB 341 Sec. 28. (Amends NRS 630A.600) Except as otherwise provided in NRS , 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 NACCA Legislative Overview 2013

AB 344 (Effective on 10/1/13) Section 15 of this bill requires the State Board of Health to adopt a Physician Order for Life-Sustaining 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 life-resuscitating and life-sustaining treatment. NACCA Legislative Overview 2013

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 , , 450B.550, 450B.580) Sections 20 and 23 of this bill enact similar provisions with regard to a POLST form. NACCA Legislative Overview 2013

AB 344 Sec 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

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

AB 344 2. A person who violates any of the provisions of this section is guilty of a misdemeanor. NACCA Legislative Overview 2013

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 ) NACCA Legislative Overview 2013

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

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

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

AB 354 (Effective on Multiple Dates in 2014)
This bill prohibits the manufacture, sale or distribution of: Certain bottles and cups which contain intentionally added Bisphenol A (BPA) and are intended primarily for use by certain children; and Baby food and infant formula stored in any container which contains intentionally added BPA. NACCA Legislative Overview 2013

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

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 ) NACCA Legislative Overview 2013

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

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

AB 377 Note: The offenses are either Category C felonies or Category B felonies, depending on the specific facts involved. NACCA Legislative Overview 2013

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

AB 395 (Effective on 10/1/13) This bill: Prohibits certain persons within a common-interest community from committing certain acts against another person within that same common-interest community; and Provides that committing any such act is a misdemeanor. NACCA Legislative Overview 2013

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

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 common-interest community or a guest or tenant of a unit’s owner in his or her common-interest community which: NACCA Legislative Overview 2013

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

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

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

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

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 ) 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 ) NACCA Legislative Overview 2013

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

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

AB 415 Existing law prohibits a person from lodging in any building, structure or place without certain permission. (NRS ) 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

AB 415 Sec (Amends NRS ) 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

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

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

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 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

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

AB 424 Sec 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

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

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

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

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 ) NACCA Legislative Overview 2013

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

AB 447 Section 1. (Amends NRS ): 1. [It] Except as otherwise provided in NRS , 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

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

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 ) NACCA Legislative Overview 2013

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

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 ) 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

AB 454 Sec. 5. NRS is hereby amended to read as follows: Any person is guilty of a gross misdemeanor who knowingly: 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 or, if a leased vehicle, subsection 2 of NRS NACCA Legislative Overview 2013

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

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 , , ) NACCA Legislative Overview 2013

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

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

SB 27 Sec (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

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

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

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

SB 31 (Effective on 7/1/13) Sec NRS 432B.280 is hereby amended to read as follows: 1. Except as otherwise provided in NRS , 432B.165, 432B.175 and 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

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 ; or (e) As otherwise required pursuant to NRS 432B.513, is guilty of a gross misdemeanor. NACCA Legislative Overview 2013

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 or making a general investigation and report pursuant to NRS , 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

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

SB 36 Sections establish provisions for: Notifying a person whose income is to be withheld; Issuing a notice to withhold income to a person’s employer; Establishing an employer’s duties with respect to the withholding of income; Providing penalties for an employer’s violation of those duties; and 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

SB 36 Sec 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

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

SB 36 Sec 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

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

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

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

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 ) NACCA Legislative Overview 2013

SB 37 Section 2 of this bill: Similarly makes it a crime to intentionally steal, take or carry away utility property; and 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

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

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

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

SB 72 7. Except as otherwise provided in subsection 6, a person who violates subsection : (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

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

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 NACCA Legislative Overview 2013

SB 72 8. In addition to any other fine or penalty . . ., a court shall order a person convicted of violating subsection 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 to surrender ownership or possession of the mistreated animal. NACCA Legislative Overview 2013

SB 73 (Effective on 5/28/13) Existing law prohibits a person from committing an act of cruelty against an animal. (NRS ) Cruelty is defined to include any act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. (NRS ) 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

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 ) NACCA Legislative Overview 2013

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

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

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 ) NACCA Legislative Overview 2013

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

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 ) NACCA Legislative Overview 2013

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

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 ) NACCA Legislative Overview 2013

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

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 ) 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 , , , , , , , , , 641A.440) NACCA Legislative Overview 2013

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

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 ) 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

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, 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

SB 170 (Effective on 7/1/13) Sec. 14. NRS is hereby amended to read as follows: Any person who violates any of the provisions of NRS to , inclusive, and sections 2, 3 and 3.5 of this act is guilty of a misdemeanor. Section 2: Certain charges by body shops Section 3: Notices to registered owner of vehicle Section 3.5: Notices re: accepted forms of payment NACCA Legislative Overview 2013

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

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 ) 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 ) NACCA Legislative Overview 2013

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 ) 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 ) NACCA Legislative Overview 2013

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

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

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 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

SB 199 (Effective on 10/1/13) Existing law requires various medical professionals to be licensed to practice in this State (Chapters , 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

SB 199 Sections 7-9 and 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

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 (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

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

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 (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

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, 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

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 , ) NACCA Legislative Overview 2013

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

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 ) 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

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 ) 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

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 “Trap” means a device that is designed, built or made to close upon or hold fast any portion of an animal. Sec 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

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

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

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

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

SB 220 Example: Sec. 84. NRS 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 NACCA Legislative Overview 2013

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 ) 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

SB 235 Section 1.3 requires that the system be electronically secure and accessible only to: A scrap metal processor for the purpose of submitting certain information; An officer of the local law enforcement agency; and 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

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

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

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

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

SB 235 Sec Except as otherwise required pursuant to section 1.3 of this act, any information concerning the purchase of scrap metal, as described in NRS 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

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 ) This bill changes the penalty for such an offense to a category D felony. NACCA Legislative Overview 2013

SB 237 This bill also revises the definition of “protected site” to include any site, building, structure, object or district: 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; Listed in the State Register of Historic Places or the National Register of Historic Places; or That is more than 50 years old and is located in a municipal or state park. NACCA Legislative Overview 2013

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

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: That a person who is less than 18 years of age is prohibited from using the tanning equipment; That the owner or operator of the tanning establishment may be subject to civil action for certain violations; That any person may report violations to any law enforcement agency; and Of certain health risks associated with the use of tanning equipment. NACCA Legislative Overview 2013

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

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

SB 267 Sec 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, 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 occurrence. NACCA Legislative Overview 2013

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

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

SB 351 2. A person who violates subsection 1 is guilty of a category E felony and shall be punished as provided in NRS , 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

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: Fraudulently represents himself or herself to be a recipient of certain military decorations or medals; and Obtains money, property or another tangible benefit through such fraudulent representation. NACCA Legislative Overview 2013

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

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

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

SB 371 If a person is found guilty of intentionally feeding a big game mammal, the person: For a first offense, must be issued a written warning; For a second offense, must be punished by a fine of not more than $250; and For a third or subsequent offense, must be punished by a fine of not more than $500. NACCA Legislative Overview 2013

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

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

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 $ 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

* 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

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

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

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

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

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

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

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

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 , ) 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

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

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 ) NACCA Legislative Overview 2013

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

SB 449 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 convictions. NACCA Legislative Overview 2013

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, , , 427A.701, 427A.735, , 432A.170, 432A.175, 432B.391, 432B.625, 433B.183, 435B.235, , , ) 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

SB 502 Section 14 (Amends NRS ): 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 , is guilty of a misdemeanor. NACCA Legislative Overview 2013

CRIMINAL PROCEDURE (begins at Slide ___) NACCA Legislative Overview 2013

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 ) 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

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

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

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

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 ) NACCA Legislative Overview 2013

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

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

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

AB 97 (Effective on 10/1/13) Existing law: 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 Prescribes the punishment for a habitual criminal, a habitual felon or a habitually fraudulent felon. (NRS , , ) NACCA Legislative Overview 2013

AB 97 Under existing law, a prosecuting attorney may: 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 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 ) NACCA Legislative Overview 2013

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

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

AB 110 (Effective on 10/1/13) This bill: Provides that a dog may not be determined to be dangerous or vicious based solely on the breed of the dog; and 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

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 ) NACCA Legislative Overview 2013

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

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

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

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

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 ) 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

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

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 that is punishable as a felony pursuant to NRS [Vessels]; or (g) A violation of NRS or [Vessels]. NACCA Legislative Overview 2013

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 ) 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

AB 156 NRS : 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

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

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

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 NACCA Legislative Overview 2013

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 ) 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 ). NACCA Legislative Overview 2013

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

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

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

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

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 ) NACCA Legislative Overview 2013

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

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

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

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 , ) 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 , , ) This bill defines “veteran” for the purpose of establishing who is entitled to these privileges and benefits. NACCA Legislative Overview 2013

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

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

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 ) Section 14 of this bill repeals NRS and replaces it with the provisions in sections 9 and 10 of this bill. NACCA Legislative Overview 2013

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 ) NACCA Legislative Overview 2013

AB 307 Section 9 amends NRS 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

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

AB 307 4. The costs associated with a forensic medical examination must not be included in the costs for medical treatment pursuant to NRS 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

AB 307 Existing law: 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 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 ) NACCA Legislative Overview 2013

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

AB 307 Section 10 amends NRS 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 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

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

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 , , , , , ) Section 4 of this bill defines a victim of any of those crimes as a “victim of human trafficking.” NACCA Legislative Overview 2013

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

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 ) 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

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

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

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

AB 415 Sec 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 or a violation of NRS 484C.110 or 484C.120. NACCA Legislative Overview 2013

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 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

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

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

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

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

AB 415 Sec 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

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

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

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

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

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 ) NACCA Legislative Overview 2013

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

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

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

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

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

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

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

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

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

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

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

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 ) Sections 8, 65 and 66 of this bill specify personal and subject matter jurisdiction under the Code. NACCA Legislative Overview 2013

SB 18 Existing law allows commanding officers to impose certain types of nonjudicial punishment upon servicemen and servicewomen under their command. (NRS ) Sections 10-17, 67-70, 107 and 110 of this bill modify provisions governing nonjudicial punishment. NACCA Legislative Overview 2013

SB 18 Existing law provides for courts-martial to adjudicate certain offenses under the Code. (NRS ) Sections 18-32, and of this bill revise provisions governing courts-martial. NACCA Legislative Overview 2013

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 , ) NACCA Legislative Overview 2013

SB 18 Existing law specifies military offenses triable by courts-martial. (NRS ) Sections 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

SB 18 Existing law provides that the Nevada National Guard cannot discriminate on the basis of race, creed, color, sex or national origin. (NRS ) 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

SB 18 Sec. 97. NRS 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

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

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 ) NACCA Legislative Overview 2013

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

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 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

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

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

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

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

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

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

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 , ) 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

SB 25 Existing law describes certain actions which constitute theft. (NRS ) Section 2 of this bill revises those provisions to include the theft of audio or visual services. NACCA Legislative Overview 2013

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 to , 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

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

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

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

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

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

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

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 , a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence pursuant to NRS may have access to: 1. The information that is contained in the Central Repository for Nevada Records of Criminal History pursuant to NRS 179A The records of criminal history maintained by an agency of criminal justice pursuant to NRS 179A.100. NACCA Legislative Overview 2013

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 , ) 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

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

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

SB 45 (b) If the petition references NRS or , 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

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

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

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

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

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 or , 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

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

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

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

SB 45 Sec. 8. NRS is hereby amended to read as follows: Where the court orders the sealing of a record pursuant to NRS 176A.265, 176A.295, , , , or , a copy of the order must be sent to: 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

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

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

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

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

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

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

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

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, Commits the sexual abuse of a child, as defined in NRS 432B.100, on or after October 1, 2013. NACCA Legislative Overview 2013

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 ) 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

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

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

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

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

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

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

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 ) 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

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: The person who committed the crime is subject to an additional penalty; Unless a greater penalty is provided by law, the person who committed the crime is guilty of a gross misdemeanor; and A person injured by the crime may bring a civil action against the person who committed the crime. (NRS , , ) NACCA Legislative Overview 2013

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

SB 139 This bill expands those provisions to include: Certain additional crimes based on the categories used by the Federal Bureau of Investigation to compile statistics concerning hate crimes; and Cases in which a person commits a crime because of the victim’s actual or perceived gender identity or expression. NACCA Legislative Overview 2013

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

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

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

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: A manufacturer or technician in a laboratory prepared the chemical solution or gas; and 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, ) NACCA Legislative Overview 2013

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 ) NACCA Legislative Overview 2013

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

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

SB 175 Examines the chemical solution or gas; Confirms the concentration of alcohol contained in the chemical solution or gas; and 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

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

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

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

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

SB 175 Sec. 2. NRS 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

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

SB 175 NRS : 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

SB 189 (Effective on 10/1/13) Existing law provides that a person is guilty of: A category D felony if the person commits an assault upon a provider of health care; and 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 ) NACCA Legislative Overview 2013

SB 189 Existing law also provides that a person is guilty of: 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 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 ) NACCA Legislative Overview 2013

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 NACCA Legislative Overview 2013

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 ) 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

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 ) 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

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 , ) 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

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

SB 243 Sec 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

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

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

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 NACCA Legislative Overview 2013

SB 243 Sec. 16. Any person authorized to collect a biological specimen pursuant to NRS to , 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

SB 243 Note re: AA Fee: Sec 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

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

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

SB 268 Sec 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

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

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 ) Section 7 of this bill extends this prohibition to all county property where marriage licenses are issued. NACCA Legislative Overview 2013

SB 364 Sec. 7. NRS 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

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 ) 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

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 , ) 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

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 ) 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

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 ) 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

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

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

SB 410 Section 9 of this bill: Provides for the confidentiality of any record which is obtained or created in the operation of a sterile hypodermic device program; Provides that such records are not discoverable or admissible in criminal proceedings; NACCA Legislative Overview 2013

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

SB 410 Existing law prohibits the possession of a controlled substance. (NRS ) 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

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 ) 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 ) 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

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 ) 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

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

SB 419 (Effective on 10/1/13) Sec. 15. NRS 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

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 ) 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

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 ) NACCA Legislative Overview 2013

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

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

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

SB 420 Sec. 3. NRS 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

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

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

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 ) 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

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 , 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

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

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

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 NACCA Legislative Overview 2013

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

ELECTIONS (begins at Slide ___) NACCA Legislative Overview 2013

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

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

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

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

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

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 ) Section 12 of this bill now allows a person to register to vote by computer during that period. NACCA Legislative Overview 2013

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

AB 48 Sections 18, 20, 22, 26, 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

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

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

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

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

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

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: the seriousness of the violation; any history of violations committed by the person, committee or entity; NACCA Legislative Overview 2013

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

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

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, ) NACCA Legislative Overview 2013

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

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 , ) NACCA Legislative Overview 2013

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

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 ) NACCA Legislative Overview 2013

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 ) NACCA Legislative Overview 2013

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 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

JUDGES (begins at Slide ___) NACCA Legislative Overview 2013

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

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

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

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

LEGISLATURE (begins at Slide ___) NACCA Legislative Overview 2013

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: Expire by limitation 5 years after the effective date of the provision; or Be accompanied by a statement justifying the continued need for the requirement. NACCA Legislative Overview 2013

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

AB 350 Section 2 of this bill requires the Legislative Commission to: 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 Prepare a report of its findings and recommendations regarding the requirements and transmit the report to the Legislature. NACCA Legislative Overview 2013

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

AB 412 Existing law contains provisions governing requests for the drafting of legislative measures for a regular session. (NRS 218D D.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

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

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

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

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

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

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

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

PUBLIC RECORDS (begins at Slide ___) NACCA Legislative Overview 2013

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

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 ) 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

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

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

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 ) 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

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 ) 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

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

SB 74 Sec. 2. NRS 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

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

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

SB 74 Sec. 3. NRS 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

“Extraordinary Efforts” (NRS 239.055)
SB 74 “Extraordinary Efforts” (NRS ) 1. Except as otherwise provided in NRS 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

SB 74 charge a fee not to exceed 50 cents per page for such extraordinary use. 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

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

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, 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

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

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

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

STUDIES (begins at Slide ___) NACCA Legislative Overview 2013

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

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

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 , ) 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

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

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

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

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 ) 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

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

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

TRAFFIC (begins at Slide ___) NACCA Legislative Overview 2013

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

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 ) NACCA Legislative Overview 2013

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

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

AB 21 Section 1 of this bill provides that the exception: Applies to the passenger area of such a motor vehicle; but 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

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

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

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

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 ) NACCA Legislative Overview 2013

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

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

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

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

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

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 , ) 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

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

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

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

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. a NACCA Legislative Overview 2013

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

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 , or NACCA Legislative Overview 2013

SB 109 (Effective on 7/1/13) Existing law exempts certain off-highway vehicles from registration requirements. (NRS ) Section 4 of this bill exempts from registration any off-highway 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

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 ) 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

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 ) 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 off-highway vehicle without having the headlamp or tail lamp. NACCA Legislative Overview 2013

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 , ) 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 , ) NACCA Legislative Overview 2013

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

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

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: Not moving; or 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

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

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

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

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

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

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

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

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

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

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

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 , , , , , , ) NACCA Legislative Overview 2013

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 , 119 Stat. 302, , 49 U.S.C note) NACCA Legislative Overview 2013

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

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 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

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

SB 303 Sec. 11. NRS is hereby amended to read as follows: It is a misdemeanor for any person to violate any of the provisions of NRS to , inclusive, and sections 3, 4 and 5 of this act, unless such violation is, by NRS to , 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

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

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

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

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

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

SB 313 Sec 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

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

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 , , ) Any off-highway vehicle that is operated on a highway under these limited circumstances must be registered as an off-highway vehicle and have certain required equipment. (NRS ) NACCA Legislative Overview 2013

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

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 all-terrain 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

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

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

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

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, These provisions were replaced by provisions that require the Department to adopt regulations prescribing when a license or identification card expires. (NRS , , ) NACCA Legislative Overview 2013

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

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 (NRS , , , , , , , , , , ) These provisions will be removed or changed as appropriate upon the next codification of NRS. NACCA Legislative Overview 2013

SB 503 Existing law allows for the issuance of a commercial driver’s license to nonresidents in certain circumstances. (NRS , ) 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. § (49 C.F.R. § ) NACCA Legislative Overview 2013

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

MISCELLANEOUS BILLS (begins at Slide ___) NACCA Legislative Overview 2013

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 ) 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

AB 58 (Effective on 10/1/13) In 2012, the Governor established by executive order the Interagency Council on Veterans Affairs. (Executive Order ( )) 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

AB 65 (Effective on 7/1/13) This bill: Exempts certain entities, proceedings and meetings from compliance with the Open Meeting Law in certain circumstances; Prohibits a member of a public body from designating a person to attend a meeting in the member’s place without certain authority; Revises provisions relating to the prosecution of an alleged violation of the Open Meeting Law; and Revises provisions governing supporting material provided to the public for meetings. NACCA Legislative Overview 2013

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 ) 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

AB 65 This bill creates a new statute in NRS Chapter 241: Sec The meetings of a public body that are quasi-judicial 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 , the Commission on Judicial Discipline. NACCA Legislative Overview 2013

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 , ) 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 ) NACCA Legislative Overview 2013

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

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 B.407, 432B.409) NACCA Legislative Overview 2013

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

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 ) 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

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 ) NACCA Legislative Overview 2013

AB 225 Existing law defines a “business broker” as a person who, while acting as a real estate broker, real estate broker-salesperson 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 ) NACCA Legislative Overview 2013

AB 225 This bill revises the definition of the term “business broker” to limit its application to the acts described in NRS 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

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 A.330) NACCA Legislative Overview 2013

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

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

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

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

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

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

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

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

AB 306 Section 1. NRS 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

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

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

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

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 ) 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

AB 334 This bill also requires the person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson to maintain a record of any such work that the person assists a client in scheduling. NACCA Legislative Overview 2013

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 , ) NACCA Legislative Overview 2013

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

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

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

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

AB 363 Existing law provides for the regulation of tow cars and the operators of tow cars. (NRS ) 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

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

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 ) 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

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

AB 421 Sections 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

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

AB 421 Sections 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

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: 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 The gestational carrier and her spouse or domestic partner, if any, are not the legal parents of the resulting child. NACCA Legislative Overview 2013

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

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

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

AB 445 Section 2.5 of this bill requires the Department to: Establish a directory of all public bodies; and Include the directory on the official website of the State in a clear and conspicuous location. NACCA Legislative Overview 2013

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, 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

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

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

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 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

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

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

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: Modify the negative behavior of the child; Hold the child accountable for a violation of a rule of the facility; or Ensure the safety of the child, the staff or others or to ensure the security of the facility. NACCA Legislative Overview 2013

SB 107 Sections 1 and 2 also: Specify certain actions that must be taken with respect to a child subjected to corrective room restriction; 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 Provide that a child must not be subjected to corrective room restriction for more than 72 consecutive hours. NACCA Legislative Overview 2013

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

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 ) NACCA Legislative Overview 2013

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: 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 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

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

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

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

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

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

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

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

SB 177 Section 5 further provides that: 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 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

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

SB 177 Existing law prohibits various acts related to tobacco or products made from tobacco. (NRS ) Sections 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

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

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

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

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

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

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

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, 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

SB 338 (Effective on 7/1/13) Sections 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 ) 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

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

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

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 of this bill make conforming changes relating to the new deceptive trade practice established in section 9. NACCA Legislative Overview 2013

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

SB 414 A minor who violates this provision is considered: For a first violation, a child in need of supervision for the purposes of the laws governing juvenile justice; and 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

SB 425 (Effective on 6/11/13) Existing law prohibits a person who is licensed to engage in off-track parimutuel wagering from: Accepting less than the full face value of an off-track pari-mutuel wager; Agreeing to refund or rebate a portion or percentage of the full face value of an off-track pari-mutuel wager; or Increasing the payoff of or paying a bonus on a winning off-track pari-mutuel wager. (NRS ) NACCA Legislative Overview 2013

SB 425 This bill requires the Nevada Gaming Commission to study and review issues relating to the offering of rebates on pari-mutuel wagers, including the feasibility of: Accepting less than the full face value of an off-track pari-mutuel wager; Agreeing to refund or rebate a portion or percentage of the full face value of an off-track parimutuel wager; and Increasing the payoff of or paying a bonus on a winning offtrack pari-mutuel wager. NACCA Legislative Overview 2013

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

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 ) 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

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 ) Existing law requires that the special counsel’s compensation be paid out of the Reserve for Statutory Contingency Account. (NRS ) 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

(includes Vetoed Bills)
DEAD BILLS OF INTEREST (includes Vetoed Bills) (begins at Slide ___) NACCA Legislative Overview 2013

AB Vetoed-- This bill would have added certain language to NRS 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

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

SB 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

SB 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

SB 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

SB Vetoed-- This bill would have made a series of changes relating to civil judgments. Examples: Allowing judgments to be paid in installments. Increasing the exemption for earning from 75% to 85% for low-income earners. Authorizing judgment debtors to sue judgment creditors who fail to comply with the rules for domesticating foreign judgments. NACCA Legislative Overview 2013

SB 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

Staff Attorney, Clark County Courts
THE END If you have any questions, please contact Joe Tommasino Staff Attorney, Clark County Courts (702) NACCA Legislative Overview 2013

Legislative Overview 2013 for Limited Jurisdiction Courts

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