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2009 Legislative Preview - Requested Legislation Affecting Your Practice Area

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FEBRUARY 2009
NEVADA LAWYER
2009
LEGISLATIVE
PREVIEW
By SCOT T G. WASSERMAN, ESQ.
The 120-day 2009 Legislative Session begins on February 2. As of the time of the writing of this article, 952 bill draft requests, more commonly known as “BDRs” in legislative parlance, have been submitted to the Legislative Counsel’s Office for drafting. One of the first actions to be taken by the Legislature will be the adopting of the joint rules of the Assembly and Senate, which traditionally provides that in addition to the bill draft requests already submitted, each assembly member will have an additional two bill draft requests, and each senator will have an additional four bill draft requests, to be submitted before the eighth calendar day of the legislative session. An allotment of an additional 50 bill draft requests will be allocated to each house for division among their standing committees. A standing committee may only request the drafting of a bill or resolution or introduce a bill or resolution that is within the jurisdiction of the standing committee. Legislative leadership also has an allotment of bill draft requests for use during the legislative session. Traditionally, the majority leader of the Senate and the speaker of the Assembly may each submit to the legislative counsel, on his or her own behalf or on the behalf of another legislator or a standing committee of the Senate or Assembly, not more than five requests for the drafting of a bill or resolution. The minority leader of the senate and the minority leader of the Assembly may each submit not more than two requests for the drafting of a bill or resolution to the legislative counsel, on his or her own behalf or on the behalf of another legislator or a standing committee of the Senate or Assembly.
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Requested Legislation Affecting Your Practice Area
Photos Courtesy of the Legislative Counsel Bureau. The following is a list of those BDRs, divided by general subject, which will be of interest to the general membership of the bar. The bill draft request list sets forth the general subject of each bill draft request, the requester’s name and the date the bill draft was requested. The subject matter is often very vague. For example, there are 11 bill draft requests relating to common interest communities that simply provide that the request is for a bill that “revises provisions governing common interest communities/homeowner associations” or “makes various changes regarding common interest communities.” To learn more details regarding the contents of these bill draft requests, the public may contact the requester of the bill or wait until the bill draft is introduced as a bill to read its content. For additional information on bills requested by legislators, assembly members’ contact information can be found on the legislative website at: www. leg.state.nv.us/75th2009/legislators/ Assembly/alist.cfm and senators’ contact information can be found on the legislative website at: www.leg.state.nv.us/75th2009/ Legislators/Senators/slist.cfm. The chair of the committee can be contacted for additional information regarding bills requested by a legislative committee. A list of the chair of each Assembly committee, and all of the Assembly committee agendas, public notices, minutes and exhibits can be accessed on the legislative website at: www.leg.state.nv.us/ 75th2009/committees/A_Committees/index.cfm. A list of the chair of each Senate committee, and all of the Senate committee agendas, public notices, minutes and exhibits can be accessed on the legislative website at: www.leg.state.nv.us/75th2009/ committees/S_Committees/index.cfm.
NEVADA LAWYER
FEBRUARY 2009
PERSONALIZED BILL TRACKING
Once you have identified BDRs that may be of interest to your practice, a personal bill tracker tool is available on the legislative website at www.leg.state.nv.us/75th2009/ subscriber/. Personalized bill tracking is available free of charge for a maximum of 10 BDRs or bills. While the same session information is available on the legislative website at: www.leg.state.nv.us/bills/bills.cfm, the personalized bill tracking device automatically tracks bills and sends e-mail notifications of legislative actions concerning the BDRs on your list. A charge is imposed for tracking more than 10 BDRs or bills on the personalized bill tracking device.
2009 Bill Draft Requests
A number preceding the dash in the BDR description – in, for example, “15-697” – designates that Title 15 has been identified by the Legislative Counsel’s Office as encompassing the main subject of the bill draft. The number following the dash is simply the number assigned to the BDR, in accordance with the order it was added to the BDR list. The letter “C” – in, for example, “C-577” – denotes that the bill draft request is for a joint resolution amending the Nevada Constitution. Some bills’ drafts were requested by legislators no longer serving in the Legislature; those bill draft requests can be claimed by and carried by any legislators currently serving in the Legislature. Some BDRs have already been “prefiled” – a process allowing for the printing of the bill prior to the Legislative Session beginning. The bill numbers for those measures are noted in parentheses and are available online for your review at www.leg.state. nv.us/75th2009/Reports/Prefiled.cfm?DoctypeID=1.
Civil Actions
43-539 Senator Beers Provides for introduction of evidence in civil actions regarding failure of injured party to wear a seatbelt. 9/02/2008 923 Assembly Committee on Commerce and Labor Revises provisions relating to unfair practices in settling insurance claims. 12/15/2008 931 Senator Breeden Makes provisions in consumer contracts that require arbitration void and unenforceable under certain circumstances. 12/15/2008
70 Senator Schneider Revises various provisions governing common-interest communities. 4/10/2008 109 Assemblyman Beers Makes various changes concerning common-interest communities. 6/24/2008 10-178 Assembly Committee on Commerce and Labor Revises provisions governing common-interest communities. 6/27/2008 184 Assemblyman Carpenter Makes various changes to provisions governing common-interest communities. 7/15/2008 10-389 Assemblyman Settelmeyer Revises provisions governing audits of homeowners’ associations. 8/27/2008 531 Assemblyman Kihuen Makes various changes to provisions relating to homeowners’ associations. 9/02/2008 555 Assemblyman Manendo Revises provisions relating to common-interest communities. 9/02/2008
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Common Interest Communities
17 Assemblywoman Allen Makes various changes to provisions governing common-interest communities. By Request. 6/15/2007 10-18 Senator Parks Makes various changes to provisions relating to common-interest communities. 6/15/2007 10-34 Assemblyman Conklin (Joint Requester: Assemblyman Anderson) Makes certain changes concerning provision of certain services within common-interest communities. 10/04/2007
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2009 LEGISLATIVE PREVIEW CONTINUED FROM PAGE 7
694 Assemblyman Carpenter Makes various changes concerning common-interest communities. 11/21/2008 771 Senator Rhoads Exempts rural agricultural common-interest communities from the $3 per unit annual fee to fund the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels. 12/12/2008 789 Senator Care Revises the Common-Interest Ownership Uniform Act. 12/12/2008 795 Senator Schneider Revises provisions relating to commoninterest communities. 12/12/2008 832 Assemblyman Christensen Revises provisions governing commoninterest communities. 12/15/2008 920 Assemblywoman Spiegel Revises provisions relating to the collection of assessments in common-interest communities. 12/15/2008 940 Assemblyman McArthur Makes changes relating to the destruction or deterioration of foreclosed or vacant units in common-interest communities. 12/15/2008
Construction Law/Public Works
135 Assemblywoman Koivisto Makes various changes concerning public works projects. 6/26/2008 54-282 Assembly Committee on Commerce and Labor Revises provisions governing contractors. 8/20/2008 28-321 (SB75) State Public Works Board Revises provisions governing the plumbing code adopted by the State Public Works Board. 8/22/2008 28-323 (SB43) State Public Works Board Specifically authorizes the State Public Works Board to consider administrative actions by the State Contractors’ Board in the process to pre-qualify contractors to bid on public works projects. 8/22/2008
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28-326 (SB42) State Public Works Board Revises provisions governing the final authority of the State Public Works Board to accept buildings and structures. 8/22/2008 28-387 Assemblyman Settelmeyer Restricts applicability of prevailing wage requirements to certain counties. 8/27/2008 506 Assemblyman Goicoechea Revises provisions concerning the prevailing wage requirements. 9/02/2008 587 Assemblywoman Gansert Revises provisions concerning public works. 9/09/2008 644 Assemblywoman Koivisto Makes various changes concerning prevailing wage. 10/22/2008 702 Senator Carlton Enacts provisions relating to contractors and the recovery fund administered by the State Contractors’ Board. 12/01/2008 729 Senate Committee on Government Affairs Revises provisions governing the determination of the prevailing wage. 12/09/2008 730 Senate Committee on Government Affairs Makes various changes to provisions relating to the prevailing wage. 12/09/2008 753 Assemblywoman Spiegel Makes various changes relating to bidder preferences on public contracts. 12/11/2008 862 Assembly Committee on Government Affairs Makes various changes to provisions relating to the prevailing wage. 12/15/2008 890 Assemblyman Cobb Restricts drinking alcohol while working on construction projects. 12/15/2008 893 Assemblyman Oceguera Makes various changes concerning contractors. 12/15/2008 910 Assemblywoman Pierce Makes various changes concerning the prevailing wage requirements. 12/15/2008 932 Assembly Committee on Government Affairs Revises provisions governing contracts for design professionals on public works projects. 12/15/2008
Crimes
50-26 Senator Townsend Clarifies provisions prohibiting cruelty to animals. 8/21/2007 34-28 Senator Wiener Prohibits cyber bullying. 8/30/2007 72 Senator Wiener Revises certain provisions concerning identity theft. 4/16/2008 15-73 Senator Wiener Makes various changes concerning crimes involving instruments of financial transactions. 4/16/2008 15-85 Assemblywoman Parnell Revises provisions governing policies and penalties for criminal gang activities. 5/01/2008 15-195 Assemblyman Oceguera Makes various changes concerning crimes involving explosives. 7/28/2008
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2009 LEGISLATIVE PREVIEW CONTINUED FROM PAGE 9
15-247 Assemblywoman Gansert Defines strangulation as substantial bodily harm. 8/12/2008 15-251 Assemblyman Horne Revises provisions governing the crime of battery. 8/18/2008 40-293 Senator Heck Prohibits certain conduct relating to the cultivation of marijuana. By Request. 8/15/2008 15-313 (AB93) Department of Public Safety Changes the elements of the crime of assault to include use of force, attempted use of force or force with a deadly weapon. 8/22/2008 522 Assemblyman Christensen Makes various changes relating to gang activity. 9/02/2008 723 Senator McGinness Provides for enhanced penalty for contributing to the delinquency of a minor. 12/08/2008 727 Assemblyman Hambrick Makes various changes addressing sexual exploitation of minors. 12/09/2008 738 Senate Committee on Commerce and Labor Provides that it is unlawful for any place of public accommodation to discriminate based on sexual orientation. 12/10/2008 764 Assemblyman Anderson Provides for a study of and moratorium on the death penalty in this state. 12/12/2008 772 Assemblywoman Parnell Revises provisions governing identity theft. 12/12/2008 820 Assemblyman Kihuen Revises provisions governing certain criminal offenses. 12/15/2008 880 Assemblywoman Woodbury Increases the penalties for committing certain sexual or violent crimes against children. 12/15/2008 892 Assemblyman Cobb Makes it a crime to remove the firearm of a public officer or peace officer. 12/15/2008
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Criminal Procedure
9 Assemblyman Ohrenschall Revises provisions regarding criminal law and procedure. 6/04/2007
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14-24 Senator Raggio Requires the collection of biological specimens for DNA analysis from persons arrested for certain crimes. 8/16/2007 14-51 Assemblywoman Gansert Makes various changes concerning DNA testing of certain criminal defendants. 2/19/2008 14-95 Assemblywoman Parnell Revises provisions governing bail. 6/17/2008 193 Senate Committee on Judiciary Makes various changes regarding sealing of records upon conviction of a crime. 7/28/2008 16-257 (SB84) City of Henderson Authorizes cities to create departments of alternative sentencing. 8/19/2008 14-266 (SB82) Attorney General Revises criminal procedure relating to technological crimes. 8/19/2008 15-267 (AB88) Attorney General Authorizes forfeiture proceedings to be brought under the technological crimes provisions and establishes a civil remedy for injuries resulting from the production, promotion, distribution or possession of images or movies that include any portion of a child sexual abuse crime. 8/19/2008 14-272 (SB35) Attorney General Repeals provision making conviction or acquittal of a public offense in another state, territory or country a bar to prosecution in this state. 8/19/2008 14-312 (AB35) Department of Public Safety Revises provisions governing petition by lifetime supervision offender for release from lifetime supervision. 8/22/2008 16-317 (AB36) Department of Public Safety Streamlines the procedure for prosecuting lifetime supervision violations of convicted felons. 8/22/2008 58-337 (SB51) Department of Public Safety Revises provisions governing the information returned to a law enforcement agency upon subpoena of public utility records of customers. 8/22/2008
14-339 (AB61) Mental Health and Developmental Services, Division of Health and Human Services Authorizes the Division of Mental Health and Developmental Services to notify victims of crimes upon release of an acquitted or incompetent person from a secure forensic facility. 8/22/2008 20-457 (AB45) Nevada Association of Counties Removes restriction on use of the State Public Defender’s Office to provide indigent defense services in larger counties and requires the state to fully fund indigent defense services. 8/29/2008 518 Assemblyman Anderson Makes various changes to provisions concerning the administration of justice. 9/02/2008
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2009 LEGISLATIVE PREVIEW CONTINUED FROM PAGE 11
521 Assemblyman Anderson Makes various changes to provisions governing the administration of justice. 9/02/2008 C-552 Senator Parks Makes various changes to provisions concerning the administration of justice. 9/02/2008 553 Senator Parks Makes various changes to provisions concerning the administration of justice. 9/02/2008 565 Assemblywoman Weber Provides requirements relating to the preservation of DNA evidence. 9/02/2008 566 Assemblywoman Weber Expands the DNA database to include all felony arrests. 9/02/2008 16-631 Assembly Committee on Corrections, Parole, and Probation Makes various changes concerning criminal offenders. (Requested on behalf of the Advisory Commission on the Administration of Justice.) 10/13/2008 653 Assembly Committee on Judiciary Revises provisions concerning defendants who provide assistance in certain prosecutions. (Requested on behalf of the Advisory Commission on the Administration of Justice.) 10/30/2008 869 Assemblyman Horne Revises provisions governing post-conviction genetic marker testing. 12/15/2008 872 Assemblyman Manendo Revises provisions relating to the attendance of certain offenders at a meeting of a panel of victims. 12/15/2008 927 Senator Raggio Revises provisions relating to the release of criminal history information. 12/15/2008 949 Senate Majority Leader Makes various changes concerning criminal offenders. 12/17/2008
11-117 (SB14) Senator Mathews Revises provisions governing marriage licenses to increase the fee that funds the Account for Aid for Victims of Domestic Violence. 6/25/2008 15-261 (AB33) Attorney General Increases penalty for subsequent convictions of crimes which constitute domestic violence. 8/19/2008 14-490 Assemblyman Mortenson Revises provisions requiring arrest for suspected battery constituting domestic violence. 9/01/2008
529 Assemblyman Kihuen Makes various changes to provisions relating to domestic violence. 9/02/2008
DUI
47 Assembly Committee on Judiciary Makes various changes to laws governing driving under the influence of intoxicating liquor or controlled substances. (Requested on behalf of Nevada Judges of Limited Jurisdiction.) 2/08/2008 43-342 (SB100) Department of Motor Vehicles Revises provisions governing the penalties for subsequent DUI convictions. 8/22/2008 43-399 (SB33) Nevada Supreme Court Revises the provisions governing the administration of programs for treatment of DUI offenders for alcoholism or drug abuse. 8/28/2008 515 Assemblyman Bobzien Revises provisions governing requirements for reinstatement of a driver’s license or commercial license after a DUI violation. 9/02/2008 871 Assemblyman Manendo Revises provisions governing driving under the influence of alcohol or drugs. 12/15/2008
Domestic Violence
14-8 Assemblyman Ohrenschall Creates state registry of persons convicted of domestic violence and similar crimes. 6/04/2007
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Elderly Law
14-262 (SB45) Attorney General Expands application of civil penalty to persons convicted of a crime against an older or vulnerable person for which an additional term of imprisonment is imposed and provides for the examination of witnesses conditionally in certain criminal cases. 8/19/2008
5-361 (SB86) Division of Child and Family Services, Health and Human Services Revises provisions governing the removal and placement of children in foster care. 8/22/2008 38-475 Interim Study on the Placement of Children in Foster Care Creates an interagency committee to evaluate and strengthen collaboration between community agencies, partners and the child welfare system regarding current child welfare practices. 7/25/2008 R-476 Interim Study on the Placement of Children in Foster Care Encourages child welfare agencies to develop a childcentered safety approach for removal of children from their homes. 7/25/2008 38-477 Interim Study on the Placement of Children in Foster Care Creates a mechanism for prioritizing access to services for families involved in the child welfare system. 7/25/2008 38-478 Interim Study on the Placement of Children in Foster Care Revises provisions governing the relatives with whom a child may be placed in temporary custody. 7/25/2008 571 Assemblyman Segerblom Proposes amendments to the Uniform Interstate Family Support Act. 9/03/2008 701 Senator Cegavske Requires a court order for certain medical treatment of foster children. 12/01/2008 777 Senator Breeden Revises provisions concerning certain guardians. 12/12/2008 906 Assemblywoman Pierce Revises provisions relating to guardianships. 12/15/2008
Employment Law
10-319 (AB43) Equal Rights Commission, Nevada – Employment, Training and Rehabilitation Revises provisions prohibiting discrimination in employment, housing and public accommodations. 8/22/2008 792 Assemblyman Aizley Revises provisions governing employment practices to prohibit discrimination based on gender identity and expression. 12/12/2008
Ethics in Government
166 Assemblyman Conklin Makes various changes concerning ethics and campaign practices. 7/02/2008 23-418 (SB104) Commission on Ethics Makes various changes in laws governing ethics in government. 8/29/2008 939 Assemblyman McArthur Makes various changes relating to ethics in government. 12/15/2008
Family Law
11-265 (AB59) Attorney General Creates a rebuttable presumption against an award of joint custody or unsupervised visitation for a parent who has abducted the child in the past. 8/19/2008 38-332 (AB76) Division of Child and Family Services, Health and Human Services Revises provisions relating to foster care to ensure compliance with the federal Adam Walsh Act. 8/22/2008 38-333 (AB83) Division of Child and Family Services, Health and Human Services Revises provisions governing the plan of safe care for infants born affected by prenatal drug abuse. 8/22/2008 38-340 (AB101) Welfare and Supportive Services, Division of Health and Human Services Revises provisions governing the enforcement of child support. 8/22/2008
Foreclosures and Mortgage Lending
3-190 Assemblyman Horne Makes various changes concerning residential foreclosures. 7/22/2008
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52-228 Legislative Commission’s Subcommittee to Study Mortgage Lending and Housing Issues Makes various changes to provisions relating to foreclosures of real mortgages. 8/07/2008 54-229 Legislative Commission’s Subcommittee to Study Mortgage Lending and Housing Issues Establishes a recovery fund for persons victimized by mortgage lending and related professionals. 8/07/2008 54-230 Legislative Commission’s Subcommittee to Study Mortgage Lending and Housing Issues Makes various changes to provisions relating to mortgage lending and related professions. 8/07/2008 52-541 Senator Beers Revises provisions governing the documentation required for mortgages to specifically authorize stated income loans. 9/02/2008 567 Assemblyman Conklin Makes various changes concerning mortgage lending. 9/03/2008 10-610 Senator Wiener Protects rights of renters upon foreclosure of rented premises. 9/26/2008 611 Assemblyman Manendo Authorizes a county to require owners of property to provide notice of foreclosure of the property to renters. 9/29/2008 773 Assembly Committee on Commerce and Labor Implements the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. 12/12/2008 787 Assemblyman Conklin Makes certain changes concerning mortgage lending and related professions. 12/12/2008 824 Assemblywoman Buckley Makes various changes to provisions relating to foreclosures on property. 12/15/2008 863 Assemblywoman Kirkpatrick Makes various changes concerning mortgage lending. 12/15/2008 865 Senate Committee on Judiciary Makes various changes concerning real mortgages. 12/15/2008
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Gaming Law
41-311 (SB83) State Gaming Control Board Makes various changes to the provisions governing the regulation of gaming. 8/22/2008 40-329 (AB102) Health Division, Department of Health and Human Services Includes problem gambling in provisions governing civil commitment of alcoholics and drug addicts convicted of crimes. 8/22/2008 41-603 Assembly Committee on Judiciary Makes various changes concerning gaming. 9/25/2008 659 Assembly Committee on Judiciary Makes various changes concerning gaming enterprise districts. 11/04/2008
Judicial Branch
16-1 Assemblyman Carpenter Makes various changes concerning administration of justice. 5/22/2007 1-179 (SB5) Legislative Commission’s Subcommittee to Study the Benefits, Costs, and Feasibility of the Implementation of Courts of Chancery in Nevada Provides for the publication of business court opinions under certain circumstances. 7/08/2008 1-292 Assemblyman Cobb Provides for use of collection agencies by courts. 8/22/2008 1-371 (AB64) Nevada Supreme Court Increases the number of judges in the Second and Eighth Judicial Districts. 8/25/2008 2-372 (AB65) Nevada Supreme Court Provides for the collection and disposition of additional court fees. 8/25/2008 14-397 (SB34) Nevada Supreme Court Revises requirement for use of court reporters in Justice Court proceedings. 8/28/2008 1-398 (AB63) Nevada Supreme Court Clarifies provisions relating to Justice Court referees and allows for use of hearing masters in Justice Court. 8/28/2008 43-399 (SB33) Nevada Supreme Court Revises the provisions governing the administration of programs for treatment of DUI offenders for alcoholism or drug abuse. 8/28/2008
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1-400 (AB92) Nevada Supreme Court Revises provisions governing benefits paid to senior judges. 8/28/2008 14-409 (AB47) Nevada Supreme Court Increases judicial discretion in sentencing for specialty courts and the deferral and sealing of records. 8/29/2008 15-410 (AB99) Nevada Supreme Court Enacts the 2009 Judicial Branch Security Act. 8/29/2008 654 Assembly Committee on Judiciary Makes various changes concerning specialty courts. (Requested on behalf of the Advisory Commission on the Administration of Justice.) 10/30/2008 767 Senator McGinness Provides for the realignment of certain judicial districts. 12/12/2008 802 Assemblyman Hogan Provides right of judicial review of decisions to deny housing applications and automatic stay of adverse decisions pending judicial review with bond. 12/12/2008 895 Senator Parks Makes various changes concerning the administration of justice. 12/15/2008 896 Senator Parks Makes various changes concerning the administration of justice. 12/15/2008 903 Assembly Committee on Judiciary Revises provisions governing the administration of justice. (Requested on behalf of Advisory Commission on the Administration of Justice.) 12/15/2008
834 Assemblyman Denis Revises provisions governing juvenile justice. 12/15/2008
Land Use and Planning
22-235 Senate Committee on Judiciary Revises provisions governing declaratory judgments and judicial review of certain land use decisions. 8/12/2008 246 Assemblywoman Kirkpatrick Makes various changes relating to planning and zoning. 8/11/2008 10-250 Senator Washington Makes various changes concerning requirements for the sale of subdivided land in certain circumstances. 8/15/2008 10-281 (SB68) Senator Schneider Enacts provisions relating to maintenance of perimeter walls and similar structures that are adjacent to public streets. 8/20/2008 10-431 (AB71) Real Estate Division – Business and Industry Establishes confidentiality of certain records maintained by the Real Estate Division for licensing and regulation of sales of subdivided land. 8/29/2008 22-472 (AB74) Washoe County Revises provisions governing the requirements for presentation of the final map for a subdivision. 8/29/2008 22-488 Assemblyman Mortenson Limits certain powers of planning and zoning that may be exercised by local governments on Mount Charleston. 9/01/2008 867 Senate Committee on Judiciary Makes various changes to provisions relating to the sale of subdivided land. 12/15/2008
Juvenile Justice
14-626 Senator Horsford Creates a permanent Subcommittee on Juvenile Justice of the Advisory Commission on the Administration of Justice. 10/09/2008 627 Senator Horsford Creates an interdisciplinary committee to address issues related to juveniles. 10/09/2008 825 Assembly Committee on Judiciary Revises provisions governing the presumptive certification of certain juveniles as adults. 12/15/2008
Liens
866 Senate Committee on Judiciary Makes various changes to provisions governing statutory liens. 12/15/2008
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Occupational Safety and Health
163 Senator Carlton Makes various changes to provisions governing occupational safety and health. 6/30/2008 276 Assembly Committee on Commerce and Labor Requires OSHA-10 training. 8/20/2008
523 Assemblyman Horne Revises provisions governing parole and probation officer staffing levels. 9/02/2008 16-630 Assembly Committee on Corrections, Parole, and Probation Makes various changes concerning parole. (Requested on behalf of the Advisory Commission on the Administration of Justice.) 10/13/2008 950 Senate Majority Leader Revises provisions governing the State Board of Parole Commissioners. 12/17/2008
Open Meeting Law & Public Records
18-62 Senator Wiener Makes various changes concerning the procedure for adopting administrative regulations and the requirements of the Open Meeting Law. 3/05/2008 19-82 Senator Care Makes various changes to provisions governing public records and disclosures. 4/29/2008 236 Senator Amodei Makes various changes to the Open Meeting Law. 8/12/2008 19-408 (SB93) Nevada Supreme Court Exempts the judiciary from public records requirements applicable to other branches of government. 8/29/2008 10-431 (AB71) Real Estate Division – Business and Industry Establishes confidentiality of certain records maintained by the Real Estate Division for licensing and regulation of sales of subdivided land. 8/29/2008 19-459 (SB32) Nevada Association of Counties Allows performance evaluations of appointed public officers and employees to be conducted in a closed meeting unless the officer or employee requests the evaluation be held in an open meeting. 8/29/2008
Prisons
23-304 (SB44) Department of Corrections Provides peace officer powers for the Inspector General and Criminal Investigators of the Department of Corrections. 8/22/2008 23-306 (SB47) Department of Corrections Authorizes random drug testing of employees of the Department of Corrections. 8/22/2008 16-307 (AB34) Department of Corrections Authorizes use of certain electronic communication devices by inmates in state correctional facilities. 8/22/2008 S-629 Senate Committee on Finance Makes an appropriation to Ridge House, Inc., for reintegration services and counseling for persons released from the Department of Corrections. 10/10/2008 774 Assemblyman Settelmeyer Prohibits the provision of hot breakfasts to prisoners in state and local detention facilities. 12/12/2008 926 Senator Raggio Revises provisions relating to the release of prisoners. 12/15/2008 951 Senate Majority Leader Revises provisions governing the regulation of the personal property of offenders. 12/17/2008 756 Assembly Committee on Elections, Procedures, Ethics, and Constitutional Amendments Provides for an interim study of issues relating to women incarcerated in Nevada. 12/11/2008
Parole
14-421 (AB38) Parole and Probation, Division of Public Safety Prohibits offenders who complete parole or probation from receiving an honorable discharge with restoration of civil rights when transitioning to lifetime supervision. 8/29/2008
Restraining/Protective Orders
15-625 Assembly Committee on Judiciary Makes various changes concerning orders for protection of certain victims. (Requested on behalf of the Advisory Commission on the Administration of Justice.) 10/09/2008
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School Safety
21 Senator Nolan Makes various changes concerning school security and safety. 7/10/2007 34-143 Assemblyman Munford Revises provisions governing policies of school districts relating to criminal gang activity. 6/27/2008 274 Assemblywoman Parnell Revises provisions governing school safety. 8/20/2008 34-303 (AB5) Legislative Committee on Education Revises provisions governing safe and respectful learning environments in public schools. 8/21/2008 R-608 Senator Wiener Urges colleges and universities to establish certain safety programs. 9/26/2008
Traffic Laws
19 Senate Committee on Energy, Infrastructure and Transportation Makes various changes concerning traffic safety. 7/10/2007 43-20 Senate Committee on Energy, Infrastructure and Transportation Makes failure to wear a safety belt in a motor vehicle a primary offense. 7/10/2007 43-32 Assemblyman Manendo Prohibits minors from using cellular telephones and similar devices while operating motor vehicles. 9/25/2007 43-63 Senator Schneider Makes various changes relating to motor vehicle and traffic safety. 3/11/2008 111 Assemblyman Claborn Makes certain changes concerning student drivers. 6/24/2008 43-180 Senator Coffin Revises provisions concerning the increased penalty for traffic violations occurring in work zones. 7/14/2008 43-224 Senator Nolan Revises provisions governing self-insurance for certain motor vehicles. 8/06/2008 286 Senator Mathews Revises the provisions governing uninsured motorists. 8/21/2008 43-363 Legislative Commission’s Subcommittee to Study Transportation Issues Provides for the imposition of an additional fee against persons who cause certain vehicular accidents. 8/22/2008 43-384 (SB18) Senator Washington Revises provisions governing speed limits in school zones and school crossing zones. 8/27/2008 58-433 SB97 Taxicab Authority – Business and Industry Prohibits taxicab drivers from using cell phones while transporting passengers. 8/29/2008 43-461 Assembly Committee on Transportation Allows local governments to use automated systems to enforce traffic laws.
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Sexual Offenses/Sex Offenders
14-69 Assemblyman Grady Makes various changes concerning persons who commit certain sexual offenses against pupils or students. 4/07/2008 177 Assemblyman Horne Makes certain changes concerning persons who commit certain sexual offenses. 7/10/2008 14-259 (AB85) Attorney General Revises the provisions governing sex offender registration and notification requirements. 8/19/2008 15-267 (AB88) Attorney General Authorizes forfeiture proceedings to be brought under the technological crimes provisions and establishes a civil remedy for injuries resulting from the production, promotion, distribution or possession of images or movies that include any portion of a child sexual abuse crime. 8/19/2008 524 Assemblyman Horne Revises provisions governing registration requirements for convicted sex offenders. 9/02/2008 727 Assemblyman Hambrick Makes various changes addressing sexual exploitation of minors. 12/09/2008 880 Assemblywoman Woodbury Increases the penalties for committing certain sexual or violent crimes against children. 12/15/2008
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698 Assemblyman Atkinson Requires biometric identifiers from applicants for drivers’ licenses and identification cards. 11/25/2008 776 Senator Breeden Prohibits persons from using cellular telephones to send or receive text messages while operating motor vehicles. 12/12/2008 797 Senator Nolan Revises provisions relating to elderly drivers. 12/12/2008 946 Assemblywoman Kirkpatrick Revises traffic laws to prohibit passing on the right. 12/15/2008
48-239 Legislative Committee to Oversee the Western Regional Water Commission Makes various changes to provisions governing flood control districts. 8/13/2008 S-240 Legislative Committee to Oversee the Western Regional Water Commission Makes various changes to provisions governing the Western Regional Water Commission. 8/13/2008 40-360 (SB37) State Department of Conservation and Natural Resources Establishes authority to award subgrants from the Drinking Water State Revolving Fund, Wellhead Protection and Clean Water Act Nonpoint Source programs. 8/22/2008 48-394 Senator Care Prohibits certain restrictions on the use of gray water. 8/28/2008 20-473 (AB54) Washoe County Authorizes counties to prohibit use of private water or septic systems where available public water or sewer systems exist and provide a program to mitigate the costs of connection to the public system. 8/29/2008 30-502 Legislative Committee on Public Lands Revises provisions governing the awarding of grants to certain purveyors of water. 9/01/2008 S-503 Legislative Committee on Public Lands Makes an appropriation to the state engineer to develop a hydrologic database for water basins in Nevada. 9/01/2008 40-534 Senator Beers Revises requirements for individual water meters in mobile home parks. 9/02/2008 48-618 (SB66) Douglas County Revises provisions relating to water permits and water right credits. 8/29/2008 48-680 Assemblyman Hogan Revises provisions relating to conservation of water. 11/19/2008 732 Assemblyman Goicoechea Requires the completion of an inventory of an entire water basin before consideration of an interbasin transfer. 12/10/2008 750 Assemblywoman Leslie Requires the Truckee Meadows Regional Plan to include policies that are based on identified and sustainable water resources within Washoe County. 12/11/2008 848 Senate Committee on Natural Resources Establishes parity in oversight of regional water authorities. 12/15/2008
Unfair/Deceptive Trade Practices
52-268 (AB95) Attorney General Revises the provisions concerning unfair trade practices to remove certain impediments to investigating and remedying unfair trade practices that are harmful to consumers. 8/19/2008 52-269 (AB90) Attorney General Revises the provisions concerning deceptive trade practices to remove certain existing impediments to investigating and remedying deceptive trade practices that are harmful to consumers. 8/19/2008 52-428 (AB22) Consumer Affairs Division – Business and Industry Authorizes the imposition of a fine for engaging in certain deceptive trade practices and increases registration fees for certain business organizations. 8/29/2008 818 Assemblywoman Mastroluca Makes various changes concerning deceptive trade practices. 12/15/2008
Water Law
209 Assembly Committee on Government Affairs Revises provisions governing the organization and accountability of certain local governmental entities that manage water resources. 8/01/2008 R-237 Legislative Committee to Oversee the Western Regional Water Commission Encourages entities that are engaged in water quality monitoring to coordinate certain activities. 8/13/2008
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NEVADA LAWYER
FEBRUARY 2009
849 Senate Committee on Natural Resources Provides for study of economic impact of water importation projects and development of a sensible water strategy. 12/15/2008 887 Assemblyman Bobzien Makes various changes concerning the state water policy. 12/15/2008 924 Senator Mathews (Joint Requester: Assemblywoman Smith) Requires the fluoridation of public water systems serving Washoe County. 12/15/2008
841 Senator Parks Restricts time for recording title to real estate transferred in a trustee sale. 12/15/2008
Workers’ Compensation
53-25 Assemblywoman Parnell Revises provisions governing industrial injuries and occupational diseases. 8/21/2007 53-46 (SB6) Senator Lee Revises certain provisions governing workers’ compensation and occupational diseases. 2/06/2008 57 Assemblyman Conklin Makes various changes concerning workers’ compensation. 2/27/2008 90 Assemblyman Claborn Makes various changes concerning workers’ compensation. 5/16/2008 115 Assembly Committee on Commerce and Labor Makes various changes concerning workers’ compensation. 6/24/2008 53-221 Assemblyman Claborn Makes various changes relating to workers’ compensation. 8/04/2008 53-423 (AB24) Department of Business and Industry Revises provisions governing claims for compensation under industrial insurance. 8/29/2008 53-590 Senate Committee on Commerce and Labor Makes various changes relating to workers’ compensation and industrial insurance. 9/11/2008 898 Assemblywoman Mastroluca Makes various changes to provisions governing occupational diseases. 12/15/2008 The complete BDR list containing every bill draft request submitted to date can be accessed on the web at: www.leg.state.nv.us/75th2009/BDRList/.
Weapons
138 Assemblyman Settelmeyer Makes various changes concerning firearms. 6/27/2008 15-200 Senator Heck Revises provisions regarding the carrying of a concealed firearm. 7/30/2008 762 Assemblyman Hambrick Makes various changes concerning the confiscation and disposition of dangerous weapons by law enforcement agencies. 12/12/2008 763 Assembly Committee on Judiciary Makes various changes concerning possession of firearms. 12/12/2008 892 Assemblyman Cobb Makes it a crime to remove the firearm of a public officer or peace officer. 12/15/2008
Wills, Estates and Trusts
395 Senate Committee on Commerce and Labor Revises provisions governing the regulation of trust companies. 8/28/2008 657 Senator Wiener Makes various changes concerning probate administration. 10/31/2008 658 Senator Wiener Makes various changes concerning the administration of trusts. 10/31/2008 673 Senate Committee on Judiciary Enacts provisions of the Uniform Probate Code known as the Uniform International Wills Act. 11/14/2008 788 Senator Care Revises provisions governing the regulation of trust companies. 12/12/2008
SCOTT G. WASSERMAN serves as the Chief Executive Officer of the Board of Regents of the Nevada System of Higher Education. Previously he served as a Deputy Attorney General in the Civil Division of the Office of the Attorney General and served the Nevada State Legislature as Chief Deputy Legislative Counsel.
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