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2011 Legislative Preview: Legislation Affecting Your Practice Area

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LEGISLATIVE PREVIEW
LegisLatiON aFFeCtiNg YOUr PraCtiCe area
BY SCOTT G. WASSERMAN, ESQ.
The 120-day 2011 legislative session begins on February 7. At the time of the writing of this article, 940 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 adoption of the Joint Rules of the Assembly and Senate, which traditionally provide 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. These additional legislator bill draft requests must be submitted on or before the eighth calendar day of the legislative session (February 14). An additional 50 bill draft requests will also 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 that 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, no 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 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, no more than two requests for the drafting of a bill or resolution. Following this introductory information is a list of those BDRs, divided by general subject 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 six bill draft requests relating to workers’ compensation that simply provide that the request is for a bill that “…revises provisions governing or relating to workers’ compensation.” To learn more details regarding the specific contents of a bill draft request, the public may contact the requester of the bill or wait
Nevada state Capitol photo courtesy of the research division of the Legislative Counsel Bureau.
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until the bill draft is introduced as a bill and read its content. For additional information on bills requested by legislators, the contact information of the Assembly Members of the 2011 Legislature can be found on the legislative website at: www.leg.state.nv.us/ Session/76th2011/legislators/Assembly/alist.cfm and Senators’ contact information can be found on the legislative website at: www.leg.state.nv.us/Session/ 76th2011/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 chairs 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/Session/76th2011/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/Session/76th2011/Committees/S_Committees/ index.cfm.
by and carried by any legislator 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 number (AB for Assembly Bill or SB for Senate Bill) for those measures are noted in parenthesis and are available on line for your review at: www.leg. state.nv.us/Session/76th2011/Reports/. The complete BDR list containing every bill draft request submitted to date can be accessed on the web at: www.leg.state.nv.us/Session/76th2011/ BDRList/Index.cfm.
alternative dispute resolution / arbitration / Mediation
3-60 Assemblyman Segerblom (originally requested by Senator Care) Enacts the Uniform Collaborative Law Act. 2/27/2010 415 Assemblyman Joe Hardy Makes various changes concerning arbitration and mediation of issues relating to local governmental contracts. 9/01/2010 3-540 Assemblyman Segerblom Revises provisions governing mediation and arbitration. 9/27/2010
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/Session/76th2011/Subscriber/. Personalized bill tracking is available free of charge for a maximum of 10 BDRs or bills. While the same information is available on the legislative website at: www.leg.state. nv.us/Session/76th2011/Reports/ – the personalized bill tracking device automatically tracks bills and sends e-mail notifications of legislative actions concerning the BDRs and/or bills on your bill tracking list. A charge is imposed for tracking more than 10 BDRs or bills on the personalized bill tracking service.
Civil actions
36-56 Assemblyman Segerblom (originally requested by Senator Care) Enacts the Uniform Emergency Volunteer Health Care Practitioners Act. 2/27/2010 384 Assemblyman Settelmeyer Limits the personal liability of directors and officers of nonprofit volunteer organizations. 9/01/2010 879 Assemblyman Goicoechea Enacts the Equine Liability Act. 12/15/2010
2011 BILL DRAFT REQuESTS
A number preceding the dash in the BDR description, for example 19-107, designates that Title 19 of the Nevada Revised Statutes 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” appearing before a bill draft number denotes the bill draft request is for a joint resolution amending the Nevada Constitution. Some bill drafts were requested by legislators no longer serving in the legislature – those bill draft requests can be claimed
Civil Procedure
809 Assemblyman Hambrick Makes various changes concerning the jurisdiction over items manufactured or produced within the State of Nevada. 12/15/2010
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Nevada state Legislature Building photo courtesy of the research division of the Legislative Counsel Bureau.
Common-interest Communities
10-23 Senator Schneider Makes various changes relating to common-interest communities. 11/06/2009 7-61 Assemblyman Segerblom (originally requested by Senator Care) Enacts the Uniform Limited Cooperative Associations Act. 2/27/2010 10-105 Senator Copening Revises provisions relating to common-interest communities. 6/08/2010 10-263 Senator Copening Makes various changes relating to real property located within a common-interest community. 8/26/2010 10-264 Senator Copening Makes various changes to provisions governing common-interest communities. 8/26/2010 10-295 Senator Copening Revises provisions relating to charges for the collection of certain fees and other obligations in a common-interest community. 8/31/2010 10-298 Senator Copening Enacts certain provisions of the Uniform CommonInterest Ownership Act. 8/31/2010 10-477 (SB30) Real Estate Division, Department of Business and Industry Revises provisions relating to fund transfers by and records of homeowners’ associations. 9/01/2010 10-512 Assemblyman Segerblom Revises provisions governing common-interest communities. 9/02/2010
513 Assemblyman Munford Revises provisions governing the rights of members of homeowners’ associations. 9/02/2010 10-595 Senator McGinness Revises provisions governing common-interest communities. 11/19/2010 610 Senator Schneider Revises provisions governing common-interest communities. 12/01/2010 658 Assemblywoman Neal Revises provisions governing homeowners’ associations. 12/10/2010 709 Senator Halseth Revises provisions governing the rights of members of homeowners’ associations. 12/13/2010 832 Senator Halseth Revises provisions governing common-interest communities. 12/15/2010 860 Senator Kihuen Makes various changes relating to homeowners’ associations and common-interest communities. 12/15/2010
Construction defects
382 Assemblyman Oceguera Makes various changes concerning construction defects. 9/01/2010 2-418 (AB44) Office of the Governor Revises the statutes of repose relating to certain actions concerning construction defects. 9/01/2010
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3-607 Assemblyman Hansen Makes various changes relating to constructional defects. 11/28/2010
Consumer Legal Funding
815 Assembly Committee on Judiciary Enacts provisions relating to consumer legal funding. 12/15/2010
Crimes and Criminal Law
25 Assemblyman Horne Revises various provisions relating to the defense of indigent persons. 11/09/2009 15-37 (AB8) Assemblyman Hambrick; Joint Requesters: Assemblyman Carrillo, Senator Manendo Enacts Castle Doctrine for Nevada. 1/14/2010 74 Senator Gustavson Makes various changes to provide alternatives to incarceration in certain circumstances. 4/21/2010 96 Assemblyman Munford Revises provisions relating to funding for substance abuse services. 5/24/2010 15-98 Assemblyman Goicoechea Prohibits destruction of property before foreclosure, repossession or other action involving title. 5/25/2010 15-111 Senator Raggio Requires the creation and maintenance of a register of criminal cases and defendants for public information. 6/16/2010 15-121 (SB47) Attorney General Clarifies the definition of “minor” for the purposes of criminal statutes. 6/22/2010 15-123 Assemblyman Segerblom (originally requested by Assemblyman Mortenson) Revises provisions relating to the use of force as protection. 6/24/2010 14-154 Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs Revises provisions concerning the reporting of crimes against older persons. 6/24/2010
Photo courtesy of the research division of the Legislative Counsel Bureau.
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15-200 Legislative Committee on Child Welfare and Juvenile Justice Revises penalties for certain crimes relating to children. 7/27/2010 270 Assemblyman Aizley Requires DNA testing of persons arrested for certain felonies. 8/30/2010 39-273 Assemblyman Stewart Authorizes courts to admit persons suffering from mental illness to outpatient treatment under certain circumstances. 8/30/2010 14-279 (AB49) Nevada Association of Counties Revises provisions governing criminal defense of indigent persons. 8/30/2010 14-311 Senator Parks Makes various changes pertaining to sentences of imprisonment. 8/31/2010 15-361 (AB4) Assemblyman Hambrick Includes human trafficking as a crime for involuntary servitude. 9/01/2010 15-363 (AB5) Assemblyman Hambrick Revises provisions governing the crime of pandering. 9/01/2010 14-366 (AB6) Assemblyman Hambrick Permits motions to vacate judgment against persons found to be victims of human trafficking or involuntary servitude. 9/01/2010 S-387 Senator Horsford Makes various changes concerning criminal offenders. 9/01/2010
15-414 Senator Parks (by request) Makes various changes concerning crimes against certain persons. 9/01/2010 419 Assemblyman Joe Hardy Provides penalties for cultivating marijuana in greater quantities than is allowable for medical use and for the manufacture of certain similar substances. 9/01/2010 5-470 (AB13) Department of Wildlife Makes changes related to hunting and firearms offenses committed by children. 9/01/2010 14-536 Assemblyman Oceguera Revises the provisions governing the prosecution of identity theft crimes. 9/22/2010 539 Senator Nolan Revises provisions relating to DNA testing of persons arrested for and convicted of a felony. 9/24/2010 546 Assemblyman Ellison (originally requested by Assemblyman Carpenter); Joint Requester: Assemblyman Goicoechea Bans the use, possession and sale of certain synthetic substances which are similar to marijuana. 10/15/2010 575 Assemblyman Segerblom (originally requested by Senator Care) Enacts the Uniform Collateral Consequences of Conviction Act. 11/02/2010 15-599 Assemblyman Ohrenschall Makes various changes governing crimes against property. 11/21/2010
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616 Senator Wiener Revises provisions governing graffiti. 12/03/2010 632 Assembly Committee on Judiciary Revises provisions relating to registration of and community notification concerning certain offenders. 12/07/2010 633 Assemblyman Horne Makes various changes to provisions governing certain offenders. 12/07/2010 34-643 Senator Parks Makes various changes concerning harassment, intimidation and bullying that occurs in public schools. 12/09/2010 687 Assembly Committee on Legislative Operations and Elections Revises provisions governing the restoration of the right to vote for ex-felons. 12/12/2010 698 Senator Settelmeyer Bans the use, possession and sale of certain synthetic substances which are similar to controlled substances. 12/13/2010 729 Assemblyman Anderson Revises provisions governing the crime of trespass. 12/14/2010
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732 Senator Leslie Make various changes concerning bullying and cyberbullying. 12/14/2010 751 Assemblyman Stewart Creates a state animal abuser registry. 12/14/2010 760 Senator Breeden Revises provisions related to animal cruelty. 12/14/2010 792 Senator Gustavson Increases penalty for unlawful use of or revealing Social Security numbers of others. 12/14/2010 861 Senator Kihuen Revises provisions governing graffiti. 12/15/2010 12/15/2010 912 Assemblyman Aizley Revises provisions regarding the use of medical marijuana. 12/15/2010
driving Under the influence
43-27 Senator Leslie Requires installation of interlock device upon conviction of driving under the influence of alcohol or a controlled substance. 11/21/2009 269 Assemblyman Stewart Increases penalties for driving under the influence. 8/30/2010 43-293 (SB42) Attorney General Revises provisions relating to impaired driving. 8/30/2010 43-487 (SB15) Department of Motor Vehicles Revises provisions governing the collection and processing of civil penalty fees for drunk driving convictions. 9/01/2010 43-601 Senator Manendo Revises provisions governing DUI checkpoints. 11/24/2010 43-626 Senator Manendo Revises provisions governing driving under the influence. 12/06/2010
Criminal Procedure
21 Assemblywoman Gansert Makes changes concerning criminal procedure. 10/15/2009 390 Assemblyman Denis Revises provisions relating to criminal procedure. 9/01/2010 614 Assemblywoman Flores Requires the implementation of certain practices and procedures regarding the eyewitness identification of criminal suspects. 12/02/2010
eminent domain
3-115 Assemblyman Horne Makes various changes to provisions concerning eminent domain. 6/21/2010 3-132 Senator Leslie Revises provisions relating to eminent domain. 6/28/2010 3-373 Assemblyman Goedhart Authorizes the state to exercise eminent domain authority over federal property for certain renewable projects. 9/01/2010
domestic violence
18-268 (SB66) Attorney General Authorizes the Attorney General to organize or sponsor multidisciplinary teams to review the death of a victim of domestic violence. 8/30/2010 784 Senator Gustavson Revises provisions governing the procedure upon arrest of a person alleged to have committed battery constituting domestic violence. 12/14/2010 863 Senator Kihuen Makes various changes to provisions relating to domestic violence.
elderly Law
14-154 Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs Revises provisions concerning the reporting of crimes against older persons. 6/24/2010 13-156 Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs Revises provisions relating to guardianships. 6/24/2010
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assembly Chambers in Nevada state Capitol in 1939. Photo courtesy of the Nevada state Museum.
23-157 Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs Revises provisions relating to public guardians. 6/24/2010 18-204 (SB55) Attorney General Revises provisions concerning crimes against older persons. 7/29/2010 710 Senator Parks (by request) Creates a statewide alert system for the safe return of missing older persons. 12/13/2010
38-198 Legislative Committee on Child Welfare and Juvenile Justice Revises provisions relating to the care of certain children during disasters. 7/27/2010 38-199 Legislative Committee on Child Welfare and Juvenile Justice Revises provisions relating to the release of certain records of children in the custody of an agency which provides child welfare services. 7/27/2010 15-200 Legislative Committee on Child Welfare and Juvenile Justice Revises penalties for certain crimes relating to children. 7/27/2010 38-201 Legislative Committee on Child Welfare and Juvenile Justice Revises provisions relating to background checks of certain persons who work with children. 7/27/2010 38-246 Senator Leslie Revises provisions governing the confidentiality of certain reports of child welfare agencies. 8/23/2010 11-289 (SB57) Attorney General Revises provisions concerning missing, abducted, removed or concealed children. 8/30/2010 11-459 (SB23) Division of Child and Family Services, Department of Health and Human Services Clarifies the entity responsible for notifying a potential adoptive parent of the availability of adoption assistance during a private adoption. 9/01/2010
Family Law/ Protection of Children
38-3 Senator Cegavske Makes various changes concerning the protection of children. 116 Assemblywoman Mastroluca Revises provisions relating to the termination of parental rights. 6/21/2010 38-196 Legislative Committee on Child Welfare and Juvenile Justice Establishes provisions relating to assistance for certain guardians. 7/27/2010 11-197 Legislative Committee on Child Welfare and Juvenile Justice Revises provisions relating to adoption. 7/27/2010
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gaming Law
41-163 Assembly Committee on Judiciary Makes various changes related to gaming. 6/30/2010 533 Senator Rhoads Revises provisions governing off-track gaming. 9/10/2010 657 Assembly Committee on Judiciary Makes various changes concerning the regulation of gaming. 12/10/2010 661 Senate Committee on Judiciary Revises provisions related to gaming. 12/10/2010 828 Senate Committee on Judiciary Revises provisions relating to interactive gaming. 12/15/2010
Judicial Branch
1-7 Assemblyman Horne Makes various changes regarding judicial campaign practices.
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514 Assemblyman Hambrick Revises provisions governing certain sexual crimes involving minors. 9/02/2010 590 Assemblywoman Mastroluca Revises provisions governing the payment of child support. 11/09/2010 627 Assemblywoman Adams Revises provisions governing the custody and visitation of children for persons who are members of the military. 12/07/2010 697 Senator Settelmeyer Makes various changes concerning the placement of a child into protective custody. 12/13/2010 712 Assemblywoman Mastroluca Revises provisions governing children in foster care. 12/13/2010 785 Senator Gustavson Creates rebuttable presumption regarding an armed services member’s child custody and visitation orders upon return from deployment. 12/14/2010 802 Assemblyman Frierson Enacts the foster care children bill of rights. 12/15/2010 909 Senator Horsford Revises provisions governing family preservation and restoration. 12/15/2010
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1-319 (SB5) Nevada Supreme Court Revises provisions governing selection and summoning of grand juries. 8/31/2010 1-320 (AB7) Nevada Supreme Court Revises provisions governing disqualification of certain judges. 8/31/2010 6-321 (SB24) Nevada Supreme Court Revises provisions governing procedure for issuance and renewal of writs of execution. 8/31/2010 1-322 (AB9) Nevada Supreme Court Increases justice court civil filing fees. 8/31/2010 1-324 (SB6) Nevada Supreme Court Provides for use of electronic reproduction of seal of court. 8/31/2010 4-326 Assemblyman Segerblom (originally requested by Senator Care) Enacts the Uniform Interstate Depositions and Discovery Act. 8/31/2010 1-342 (SB25) Clark County Revises the method of determining the number of justices of the peace in townships in larger counties. 8/31/2010 54-505 (AB25) Certified Court Reporters’ Board of Nevada Revises provisions governing court reporters. 9/01/2010 19-550 Assembly Committee on Judiciary Revises provisions governing court records. 10/21/2010 18-557 Assembly Committee on Judiciary (originally requested by Assemblyman Carpenter on behalf of the Advisory Commission on the Administration of Justice) Revises provisions governing the collection of fines, administrative assessments, fees and restitution owed by certain convicted persons. 10/31/2010 14-558 Assembly Committee on Judiciary (originally requested by Assemblyman Carpenter on behalf of the Advisory Commission on the Administration of Justice) Revises provisions governing the use of psychological or psychiatric examinations of victims and witnesses. 10/31/2010 641 Senate Committee on Judiciary (on behalf of the Advisory Commission on the Administration of Justice) Revises provisions governing the Office of State Public Defender. 12/09/2010
54-81 Assemblyman Segerblom Revises provisions relating to court reporters. 5/04/2010 4-85 Assemblyman Ohrenschall Revises provisions relating to courts. 5/12/2010 1-235 Assemblyman Oceguera Revises provisions governing court reporters. 3/16/2010 14-311 Senator Parks Makes various changes pertaining to sentences of imprisonment. 8/31/2010 314 Assemblyman Conklin Revises provisions relating to exemptions from jury duty. 8/31/2010
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653 Assembly Committee on Judiciary Revises provisions governing the security of state and local court facilities. 12/08/2010 54-667 Assemblyman Frierson Revises provisions governing process servers. 12/10/2010 758 Senator McGinness Provides for the realignment of certain judicial districts. 12/14/2010 817 Assembly Committee on Judiciary Revises various provisions relating to court fees. 12/15/2010 901 Assembly Committee on Ways and Means Revises provisions governing court fees. 12/15/2010
Juvenile Justice
14-323 (SB26) Nevada Supreme Court Makes various changes relating to juvenile courts. 8/31/2010 551 Assemblyman Hambrick Makes various changes to provisions governing juvenile sex offenders. 10/24/2010 655 Assembly Committee on Judiciary Makes various changes governing sentencing of certain juvenile offenders. 12/10/2010 672 Legislative Commission’s Committee to Study Group Homes Requires certain reporting and training for the staff of juvenile home facilities. 6/09/2010 908 Senator Horsford Revises provisions governing non-violent offender re-entry programs and youth offender intervention and prevention programs. 12/15/2010
Land Use and Planning
21-11 Assemblyman Goicoechea (originally requested by Assemblyman Carpenter) Revises provisions relating to annexation of property.
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32-434 (SB31) Department of Taxation Extends initial period for the recordation of tax liens to four years. 9/01/2010 779 Senator Roberson Revises provisions governing property exempt from execution by creditors and other persons. 12/14/2010 833 Assemblyman Conklin Revises various provisions governing mechanics’ liens. 12/15/2010
72 Senator Nolan Makes various changes regarding covenants and deed restrictions for real estate. 4/01/2010 22-99 Senate Committee on Judiciary Revises provisions governing land use decisions. 5/25/2010 21-139 Senator Parks Revises provisions concerning annexation. 6/29/2010 20-187 (AB42) Mineral County Provides exemption from appraisal requirement for sale or lease of certain real property by Board of County Commissioners for land to which federal sale or use restrictions apply. 7/28/2010 21-266 Assemblyman Bobzien Revises provisions concerning the abatement of dangerous or noxious structures or conditions on private property. 8/30/2010 10-294 Senator Copening Establishes provisions governing the use of certain real property. 8/31/2010 714 Senator McGinness Revises provisions governing planning and zoning. 12/13/2010 735 Assemblywoman Neal Makes various changes to the Community Redevelopment Law. 12/14/2010 846 Assemblywoman Dondero Loop Revises provisions governing the formation of general improvement districts. 12/15/2010
Medical Malpractice
762 Senator Breeden Makes various changes concerning medical malpractice claims. 12/14/2010
Open Meeting Law
19-107 Assemblyman Carpenter Revises provisions governing the Open Meeting Law. 6/10/2010 19-226 Assemblyman Ohrenschall Revises provisions regarding the Open Meeting Law. 8/10/2010 19-288 (AB59) Attorney General Makes various changes to the Open Meeting Law. 8/30/2010 527 Assemblyman Bobzien; Joint Requester: Assemblywoman Kirkpatrick Revises provisions governing the use of websites by local governments to comply with the Open Meeting Law. 9/02/2010 574 Assemblyman Segerblom (Originally requested by Senator Care) Revises the provisions requiring meetings of public bodies to be open to the public. 11/02/2010
Parole Liens
2-238 Senate Minority Leader Makes changes regarding property exempt from execution. 8/16/2010 305 Assemblyman Horne Revises provisions relating to medical liens. 8/31/2010 16-460 (AB18) Department of Public Safety Clarifies quasi-judicial nature of meetings of State Board of Parole Commissioners and rights of prisoners and other persons who appear before the board. 9/01/2010 640 Senate Committee on Judiciary (on behalf of the Advisory Commission on the Administration of Justice) Revises provisions governing release on parole. 12/09/2010
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Prisons and Prisoners
74 Senator Gustavson Makes various changes to provide alternatives to incarceration in certain circumstances. 4/21/2010 16-117 Assemblyman Segerblom Revises provisions relating to prisoners. 6/21/2010 16-120 (SB72) Attorney General Revises provisions governing assignment of inmates to residential confinement. 6/22/2010 423 Senator Parks Creates pilot program to establish intermediate sanction facilities within the Department of Corrections to provide treatment to certain probation violators and offenders. 9/01/2010 16-450 (SB29) Department of Corrections Revises provisions governing sentence credits to prevent awards causing an immediate release of inmates. 9/01/2010 14-452 (AB11) Department of Corrections Authorizes the Department of Corrections to use telephone call tracing and wire tapping equipment. 9/01/2010 16-460 (AB18) Department of Public Safety Clarifies quasi-judicial nature of meetings of State Board of Parole Commissioners and rights of prisoners and other persons who appear before the board. 9/01/2010 S-509 Assemblyman Segerblom Provides for the establishment of intermediate sanctions facilities within the Department of Corrections to provide treatment to certain probation violators and offenders. 9/02/2010 40-598 Assemblywoman Flores Provides for the waiver of fees for the issuance of certain forms of identifying information for certain persons released from prison. 11/21/2010 633 Assemblyman Horne Makes various changes to provisions governing certain offenders. 12/07/2010 634 Assembly Committee on Judiciary (on behalf of the Advisory Commission on the Administration of Justice) Revises provisions governing certain credits for offenders. 12/07/2010 699 Senator Settelmeyer Makes various changes concerning correctional facilities. 12/13/2010
827 Senator Parks Revises provisions relating to correctional institutions. 12/15/2010 908 Senator Horsford Revises provisions governing non-violent offender re-entry programs and youth offender intervention and prevention programs. 12/15/2010
Probation
423 Senator Parks Creates pilot program to establish intermediate sanction facilities within the Department of Corrections to provide treatment to certain probation violators and offenders. 9/01/2010 806 Assembly Committee on Judiciary Revises provisions governing probation. 12/15/2010
Public accommodations
799 Senator Leslie Revises provisions relating to unlawful discrimination in places of public accommodation. 12/15/2010
Public works
28-394 Senate Committee on Government Affairs Makes various changes to provisions governing public works. 9/01/2010
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679 Assembly Committee on Government Affairs Revises provisions relating to public works and purchasing regarding subcontractors. 12/12/2010 692 Assemblyman Cresent Hardy Revises provisions governing prevailing wage. 12/13/2010 718 Assemblyman Daly Revises provisions governing public works. 12/13/2010 740 Senator Lee Revises provisions governing public works. 12/14/2010
28-437 (AB38) State Public Works Board Imposes penalties against prime contractors for failure to follow statute when substituting subcontractors and requires a contractor to replace a non-qualifying subcontractor at no expense to State Public Works Board. 9/01/2010 28-478 (SB16) Labor Commissioner, Office of Business and Industry Requires the Labor Commissioner to establish prevailing wage classifications by regulation. 9/01/2010 28-529 Assemblyman Segerblom Makes various changes relating to prevailing wage. 9/07/2010 553 Assembly Committee on Government Affairs Revises provisions governing public works contracts involving construction managers at risk. 10/25/2010
sexual Offenses / sex Offenders
10 Senator Wiener Revises provisions governing text messaging of sexual images. 8/18/2009 39-95 Assemblyman Horne Provides for civil commitment of sexually dangerous persons. 5/17/2010 14-292 (AB57) Attorney General Makes various changes to provisions concerning sex offenders. 8/30/2010
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15-354 Assemblywoman Woodbury Revises provisions pertaining to crimes relating to child pornography. 9/01/2010 14-466 (AB75) Department of Public Safety Adds additional crimes to list of offenses for which registration as a sex offender is required. 9/01/2010 514 Assemblyman Hambrick Revises provisions governing certain sexual crimes involving minors. 9/02/2010 551 Assemblyman Hambrick Makes various changes to provisions governing juvenile sex offenders. 10/24/2010 677 Assemblywoman Flores Revises provisions relating to sex offenders. 12/12/2010
43-483 (AB34) Department of Transportation Allows for the use of photo-electronic equipment to issue traffic citations. 9/01/2010 43-492 (SB51) Department of Motor Vehicles Revises traffic conviction reporting requirements to match the Commercial Driver’s License Information System (CDLIS) and imposes penalties for violation of an out-of-service order by a person operating under a commercial driver’s license. 9/01/2010 43-493 (SB50) Department of Motor Vehicles Makes various changes regarding license suspensions and fines and revises language to clearly state drivers licenses will be revoked during imprisonment. 9/01/2010 43-571 Senator Gustavson; Joint Requester: Senator Halseth Revises provisions governing the wearing of protective headgear when operating motorcycles. 11/02/2010 656 Senate Committee on Transportation Makes various changes concerning certain parking violations. 12/10/2010 794 Senator Parks Revises provisions governing traffic laws. 12/15/2010
traffic Laws
43-12 Assemblyman Atkinson; Joint Requestors: Assemblywoman Kirkpatrick, Assemblywoman Smith, Assemblyman Oceguera Prohibits texting while driving a motor vehicle. 9/16/2009 43-38 Senator Nolan Makes failure to wear safety belt in a motor vehicle a primary offense. 1/15/2010 42 Senator Nolan Revises provisions governing traffic safety. 1/15/2010 43-45 Senator Breeden Prohibits a person operating a motor vehicle from using a telephonic device to write, send or read a text-based communication. 1/21/2010 43-104 Assemblyman Munford Restricts the use of cellular phones while driving. 6/08/2010 43-134 (AB2) Assemblywoman Kirkpatrick Revises provisions relating to smog checks for classic vehicles. 6/28/2010 43-385 Assemblyman Manendo Prohibits minors from using cellular telephones and similar devices while operating motor vehicles. 9/01/2010 43-461 (SB76) Department of Public Safety Prohibits texting while driving a motor vehicle. 9/01/2010
Unfair / deceptive trade Practices
902 Assembly Committee on Commerce and Labor Revises provisions governing trade regulations and practices. 12/15/2010
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299 Assemblyman Goicoechea Revises provision relating to ground water basins. 8/31/2010 312 Assemblyman Goicoechea (by request) Revises provisions relating to stock water. 8/31/2010 347 Assemblyman Ohrenschall Revises provisions relating to water. 8/31/2010 48-360 Assemblyman Goedhart Revises provisions relating to the filing of a protest to an application to appropriate water. 9/01/2010 48-467 (AB73) Division of Water Resources, Department of Conservation and Natural Resources Clarifies provisions governing notices and the right of entry by State Engineer and staff for inspection and eliminates hearings for domestic well credit programs. 9/01/2010 32-468 (AB46) Division of Water Resources, Department of Conservation and Natural Resources Clarifies requirements for payment of State Engineer assessments for the management of water. 9/01/2010 48-525 (SB68) Eureka County Includes participation by local governments in monitoring, management and mitigation of water resources. 9/01/2010 681 Assemblywoman Kirkpatrick Allows for public water agencies to lease water. 12/12/2010 730 Assemblyman Anderson Provides for the study of water. 12/14/2010 821 Senate Committee on Government Affairs Revises provisions relating to water. 12/15/2010 829 Senator McGinness Makes various changes relating to water. 12/15/2010 895 Assemblyman Goedhart AJR: Urges the Federal Government to enter into discussions with the State of Nevada and Nye County concerning mitigation for contamination of certain waters in the State. 12/15/2010 926 Senator Schneider (by request) Makes various changes relating to the regulation and use of water. 12/15/2010
victim of Crimes Fund
16-431 (SB67) Victims of Crime Program Administration Eliminates requirement that money in fund for Victims of Crime be paid out proportionally based on quarterly estimates of the fund balance. 9/01/2010 16-597 Assemblyman Frierson Makes various changes concerning compensation to victims of crime. 11/21/2010
water law
48-31 Senator Rhoads Revises the notice requirements for certain well applications. 12/08/2009 48-206 Legislative Committee on Public Lands Revises provisions governing the use of water for evaporation in a pit lake or gravel pit. 8/04/2010 48-207 Legislative Committee on Public Lands Revises provisions governing certain notices and hearings concerning applications to appropriate water for beneficial use. 8/04/2010 48-208 (Withdrawn) Legislative Committee on Public Lands Repeals provisions requiring a public hearing before the issuance of an order granting domestic well credits to a public water system. 8/04/2010 48-209 Legislative Committee on Public Lands Revises the amount of the fees collected for issuing a permit to appropriate water for agricultural use. 8/04/2010 20-243 Legislative Committee to Oversee the Western Regional Water Commission Authorizes the issuance of bonds to finance loans made to provide financial assistance to persons to connect to the public water or sewer system in certain counties. 8/19/2010 285 Senator Rhoads Provides for temporary water use for restoration of burned areas. 8/30/2010
weapons
15-51 Assemblyman Hickey (originally requested by Assemblywoman Gansert) Revises provisions relating to concealed weapon permits for military police under 21 years of age. 2/12/2010
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15-118 Assemblyman Bobzien; Joint Requester: Assemblywoman Smith Makes various changes concerning carrying concealed firearms. 6/22/2010 15-186 Senator Gustavson Revises provisions concerning concealed weapons permits. 7/27/2010 15-335 Assemblyman Settelmeyer Revises provisions relating to concealed firearm permits. 8/31/2010 35-358 Assemblyman Goedhart Revises provisions governing the use and possession of firearms in state parks. 9/01/2010 14-465 (AB66) Department of Public Safety Specifies process for restoring revoked firearms rights. 9/01/2010 5-470 (AB13) Department of Wildlife Makes changes related to hunting and firearms offenses committed by children. 9/01/2010 15-556 Senator Gustavson Removes fees and other requirements for carrying a firearm. 10/29/2010
596 Assemblyman Ellison Revises provisions governing concealed firearms permits. 11/20/2010 742 Senator Lee Makes various changes concerning possession of firearms on certain public property. 12/14/2010 867 Senator Leslie Revises provisions relating to the possession of dangerous weapons. 12/15/2010 894 Assemblyman Goedhart AJR: Proposes to amend the Nevada Constitution to allow persons to carry a concealed firearm without a permit. 12/15/2010
wills, trusts and Probate
7-57 Senate Committee on Judiciary Enacts the Uniform Statutory Trust Entity Act. 2/27/2010 10-59 Senate Committee on Judiciary Enacts the Uniform Real Property Transfer on Death Act. 2/27/2010
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2-78 Senator Wiener; Joint Requester: Assemblyman Segerblom Revises provisions relating to trusts, estates and probate. 4/30/2010 12-182 Senate Committee on Judiciary Provides for pre-mortem probate of a will. 7/21/2010 12-329 Assemblyman Segerblom (originally requested by Senator Care) Enacts the Uniform Partition of Heirs Property Act. 8/31/2010 569 Assemblyman Ohrenschall (originally requested by Assemblyman Mortenson – by request) Revises provisions relating to probate. 11/01/2010 629 Senator Schneider Makes changes to provisions related to family trust companies. 12/07/2010
workers’ Compensation
53-129 Assemblyman Oceguera Revises provisions governing workers’ compensation. 6/28/2010 57-232 Senator Schneider Revises provisions governing workers’ compensation. 8/13/2010 53-287 (SB58) Attorney General Revises provisions relating to workers’ compensation. 8/30/2010 53-479 (SB21) Nevada Attorney for Injured Workers Revises the burden of proof for the reopening of workers’ compensation claims for consideration of compensation for permanent partial disability. 9/01/2010 53-489 (SB20) Nevada Attorney for Injured Workers Requires that survivors or dependents of deceased workers receive notice of the availability of benefits and the deadline for filing an application for such benefits. 9/01/2010 878 Assemblyman Goicoechea Revises provisions relating to workers’ compensation. 12/15/2010
Author’s biography on page 31.
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24 Nevada Lawyer February 2011
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