Las Vegas Review-Journal (Sunday)
100-plus bills hold impact
Measures affect wages, voting, criminal justice
CARSON CITY — The Nevada Legislature passed nearly 700 bills and resolutions during the 2019 session, from raising the minimum wage and overhauling dozens of criminal justice laws to revamping the state’s five-decadeold education funding formula, and more.
As of Friday, Gov. Steve Sisolak had signed 456 bills and vetoed just two.
Here’s a look at 129 of those bills and how they could impact you. (Bills without effective dates take effect upon signing.)
Business and commerce
Minimum age to work for gaming businesses: No longer does a person have to be 21 to work for a casino or gaming company; 18-yearolds (or even 16-year-olds who are emancipated by a court) can work as licensed gaming employees for gaming manufacturers and distributors. (Assembly Bill 221 effective July 1; signed by governor.)
For railroad employees: Freight trains passing through the state must have two workers on board at all times from now on. (Assembly Bill 337; signed by governor.)
Social work fees: Social workers will be paying more to the Board of Examiners for Social Workers for application and licensing fees. (Senate Bill 502 effective July 1; signed by governor.)
Fewer food deserts: The state will start offering tax credits for businesses willing to invest in “fresh food retailers” located in food deserts — areas in cities that do not have grocery stores within one mile, or in rural areas within 10 miles. (Assembly Bill 326 effective July 1; not yet signed.)
Higher minimum wages: The state’s minimum wage gradually will rise to $12 per hour over the next five years. The current minimum wage sits at $8.25 per hour for employers that don’t offer health insurance and $7.25 for those that do. That will increase by 75 cents starting July 1, 2020, and will go up each year until it hits $12 for those not offered health insurance, and $11 for those who are, by 2024. (Assembly Bill 456 effective July 1, 2020; not yet signed.)
Not only that, but lawmakers began the process of amending the state constitution to set a flat minimum wage for everyone (regardless of health insurance) at $12 per hour and to give the Legislature the power to raise the wage in the future. Assembly Joint Resolution 10 must be approved again in 2021 and then go to the voters before it takes effect.
Insurance for minimum wage workers: Employers will be required to provide a minimum level of health insurance to workers to pay them the lower $7.25 per hour minimum wage. (Senate Bill 192 effective Jan. 1; signed by governor.)
For payday lenders: A new database of payday loans will go in effect in 2020 that will allow the state to better track how those loans are given out and enforce the laws around short-term loans, such as limiting monthly payments to no more than 25 percent of the customer’s expected gross monthly income. (Senate Bill 201 effective July 1, 2020; signed by governor.)
Campaigns, elections, voting
Campaign reform: Candidates won’t be allowed to pay themselves a salary from their campaign accounts going forward, and the new law makes clear that candidates can’t use any unspent campaign funds for personal use. Those who get caught violating the laws will face $10,000 penalties, up from the old $5,000. Senate Majority Leader Kelvin Atkinson resigned from the Legislature in March when it was revealed he used campaign funds for personal expenses. (Senate Bill 557 effective Jan. 1; not yet signed.)
Polling on Native American land: If county or city clerks open a polling place within Native American reservation boundaries during an election, they will be required to open that same polling location in future elections unless the tribe requests otherwise. (Assembly Bill 137 effective Oct. 1; signed by governor.)
For voters: You will be able to vote on the same day you register going forward and have a longer time to register to vote online. (Assembly Bill 345; not yet signed.)
For the thousands of Nevadans who can’t vote because of felonies: On July 1, some 77,000 people with a felony conviction that bars them from voting will instantly have their right to vote restored. And going forward, anyone released from prison will be allowed to vote too. (Assembly Bill 431 effective July 1; signed by governor.)
For those who want to recall their elected officials: Things just got a little harder for people looking to kick their elected official out of office. A new law requires county clerks to verify every single signature on a recall petition, as opposed to using a 5 percent sample. It also requires recall organizers to pay for counting the signatures. (Senate Bill 450; signed by governor.)
Civil rights
Marriage, now only for 17-year-olds and older: Nevada did not have an absolute law on the minimum age to marry before this session. But going forward, that bar is set at 17 years of age minimum, and those 17-year-olds would need approval of at least one parent or guardian and for a judge to sign off, under a bill by Assemblywoman Shannon Bilbray-Axelrod, D-Las Vegas. (Assembly Bill 139 effective Oct. 1; not yet signed.)
For people who solemnize marriages: Counties will be allowed to require training for marriage officiants going forward (Assembly Bill 482 effective July 1; signed by governor.)
Prohibition of discrimination in child welfare and adoption cases: It will be illegal to discriminate against those who are deaf, blind, physically disabled, or who possess a medical marijuana card, who want to adopt or argue for child custody or visitation rights. (Assembly Bill 140 effective July 1; not yet signed.)
For victims of sexual assault:
The Sexual Assault Survivors’ Bill of Rights gives victims the right to consult a sexual assault counselor whenever they are subject to a forensic medical exam or interviewed by law enforcement, prosecutors or defense attorneys. (Assembly Bill 176 effective in part on July 1, in full on Jan. 1, 2021; signed by governor.)
For those scared of mind control:
Employers will not be allowed to compel microchip implants for their workers. But if you want one yourself, that’s still totally fine. (Assembly Bill 226; signed by governor.)
For immigrants seeking occupational licensing: Licensing boards won’t be able to deny someone from getting an occupational license based solely on their immigration or citizenship status. (Assembly Bill 275 effective July 1; not yet signed)
For cops getting DNA evidence:
Search warrants seeking DNA evidence will have a six-month shelf life, as opposed to the 10-day requirement for most search warrants. (Assembly Bill 16 effective Oct. 1; signed by governor.)
For inmates getting released from prison: The state Department of Corrections must give inmates they release photo identification that includes their full name and age. (Assembly Bill 10 effective May 23; signed by governor.)
More help for indigent defense:
The new Department of Indigent Defense Services and Board of Indigent Defense will be tasked with ensuring proper legal representation comes to those most in need. (Assembly Bill 81 effective Oct. 1; not yet signed.)
No more statute of limitations for sexual assault with DNA evidence:
Nevada used to have a 20-year statute of limitations for sexual assaults, but no more if the suspect can be identified using DNA evidence.
(Assembly Bill 142 effective July 1; signed by governor.)
Clear your marijuana possession convictions: If you were convicted of possession of less than an ounce of marijuana in the past — the amount that is now legal to have — you can ask a court to seal that conviction so that it won’t show up on your record anymore. (Assembly Bill 192 effective July 1; signed by governor.)
Seal eviction cases: Evictions cases can be sealed if they have been dismissed or denied. (Assembly Bill 266 effective July 1; signed by governor.)
Criminal justice overhaul: The massive criminal justice reform bill championed by Assemblyman Steve Yeager,
D-Las Vegas, included
— among many other things — allowing some geriatric prisoners to be released to house arrest, increasing the weights to trigger felony drug possession and trafficking charges and allowing earlier parole on low-level offenses. (Assembly Bill 236 effective in part July 1, in full July 1, 2020; not yet signed.)
Wrongful convictions: Those exonerated or deemed to have been wrongfully convicted can sue the state for damages. Anyone imprisoned for 20 years or longer can receive up to $100,000 per year of incarceration. (Assembly Bill 267; signed by governor.)
Getting out of gang databases: If you are notified by police that you are in a gang database, you will have the ability to request to be removed. (Assembly Bill 307 effective July 1; signed by governor.)
Community service instead of court fines: A judge can offer to let someone who can’t afford to pay their fines to instead perform community service. (Assembly Bill 416; signed by governor.)
No jail time for traffic tickets: Under the new law, the Legislature sets forth that people who are arrested for minor traffic violations can be released on their own recognizance unless they’re deemed a danger to the community. (Assembly Bill 434 effective Oct. 1; signed by governor.)
Sex trafficking victims can wipe their records clean: New laws expand the list of crimes for which sex trafficking victims can ask the court to seal or vacate the convictions. (Senate Bill 173 effective Oct. 1; signed by governor.)
No sex with people in custody: Makes it clear in the law that officers are not allowed to have any kind of sexual contact with a person they have arrested or detained. (Senate Bill 383 effective Oct. 1; signed by governor.)
For immigrants arrested by police: Before a person arrested by police can be questioned about their immigration status, officers must disclose the purpose of such questions. (Assembly Bill 376 effective Jan. 1; signed by governor.)
Courts
Small claims courts: All small claims must be tried in the township where the defendant lives. (Assembly Bill 9; signed by governor.)
More judges for shorter wait times: Clark County will be getting six new Family Court judges starting Jan. 4, 2021. (Assembly Bill 43; not yet signed.)
No gag orders in settlements involving sex offenses or discrimination: The agreements could not prohibit a person from disclosing information relating to sex offense crimes or gender-based discrimination by an employer or landlord. (Assembly Bill 248 effective July 1; signed by governor.)
For those with homestead declarations on their properties: Lawmakers increased the equity protected in homestead properties in Nevada from $550,000 to $605,000. (Assembly Bill 481 effective Oct. 1; signed by governor.)
Domestic violence
More ways to serve protective orders: Police will have more ways to serve temporary protective orders, instead of current law which limits them to being served in person only. Extended protection orders will last longer, and people who violate those orders repeatedly will face stiffer punishments. (Assembly Bill 19 effective July 1; signed by governor.)
Longer protection orders: The effective dates of initial temporary protective orders will be extended from 30 to 45 days in cases of domestic violence, stalking, aggravated stalking, or harassment. (Assembly Bill 410 effective Oct. 1; signed by governor.)
For victims: It will be easier for domestic violence victims to get protection orders against their abusers, as the courts will only be able to base their decisions on whether or not the person was a victim. The new laws also increase the penalties for repeated violations of those orders. (Senate Bill 218; not yet signed.)
More crimes count as domestic
violence: New laws include more crimes that can be counted as domestic violence, including domestic battery of a pregnant woman, which is punishable at first as a gross misdemeanor and then as a category B felony. Repeat offenders will face increased penalties. (Assembly Bill 60 effective July 1; signed by governor.)
More privacy for domestic violence victims: Government agencies and public utilities will be required to accept fictitious address instead of real ones from people who are victims of domestic violence. The state already allows the Department of Health and Human Services to issue fictitious addresses as a protective measure to victims of domestic violence, sex trafficking, stalking and sexual assault. (Assembly Bill 41 effective July 1; signed by governor.)
Education
More money for schools: Per-pupil funding will rise by nearly $300 next school year in Clark County, thanks to the increased funding in for the state’s K-12 budget, going from $5,779 in 2018 to $6,067 next school year under the new budget. (Assembly Bill 555; signed by governor.)
For students dealing with trauma: Police will be required to notify the renamed Handle with Care Program if a child has been exposed to domestic violence, the death of a family member, the arrest of a parent and child abuse. Notification that the child has been part of or witnessed a traumatic event will then be sent to schools, which can provide “wraparound” if needed. (Senate Bill 80 effective Jan. 1; not yet signed.)
For homeless students: Schools will be required to identify students who are homeless, unaccompanied or in foster care and will need to review and adjust those students’ academic plans to maximize course credit hours. The new laws also allow those students them earn credit regardless of attendance. (Senate Bill 147 effective July 1; signed by governor.)
For young students struggling with reading: An additional $63 million will be coming to the state’s Read-by-3 program in the next two years. But a key provision of the original law was removed, and now parents will have to sign off on their child being retained if they do not meet the standards set by the state. The bill was championed by Assemblyman Tyrone Thompson, D-North Las Vegas, who died during the 2019 session. (Assembly Bill 289 effective July 1; not yet signed.)
For military kids in sports: Students whose parents are in the military and who change schools will be immediately eligible to play in any sanctioned sport or other activity at their new school. (Assembly Bill 342 effective July 1; signed by governor.)
Fewer hoops for school volunteers: After a 2017 change added background checks and fingerprinting requirements for most school volunteers, a tweak to those laws should help more parents volunteer in the classroom without those burdens. (Senate Bill 185; signed by governor.)
For students at Zoom and Victory schools: Zoom and Victory school designations, which provide additional funding to low-performing schools in low-income or areas with high numbers of English-language learners, were continued for another two years. Those programs were set to expire on July 1. (Senate Bill 467; not yet signed.)
Revamped funding formula — eventually: Lawmakers approved an overhaul to the state’s 52-year-old K-12 funding formula. The formula will allocate more funding to follow students who are in special education or gifted and talented programs, those at or near the poverty line, or those learning English. That formula won’t be fully implemented until 2021. (Senate Bill 543 effective July 1; not yet signed.)
Energy
For low-income residents who want to go solar: Electric utilities will be required to implement expanded community-based solar projects going forward. (Assembly Bill 465; signed by governor.)
For big companies trying to leave NV Energy: It will be tougher to abandon Nevada’s monopoly electric utility going forward. (Senate Bill 547; not yet signed.)
Health care
Pre-existing conditions: Makes Nevada the fifth state to fully incorporate the federal Affordable Care Act’s protections for patients with pre-existing conditions into state law and help consumers navigate and resolve problems with their insurers. (Assembly Bill 170 effective Jan. 1; signed by governor.)
Expanded dental coverage: Instructs the Department of Health and Human Services to seek a federal waiver to add Medicaid coverage for certain types of dental care for di
abetics. (Assembly Bill 223, effective July 1; signed by governor.)
Pain medication, Part 1: Amid widespread concern over the opioid epidemic, this bill simplifies the process of prescribing pain medicine to people with cancer, in hospice or under palliative care. (Assembly Bill 239; signed by governor.)
Pain medication, Part 2: Prescriptions for controlled substances will have to be delivered to pharmacies electronically in most cases to cut down on fraudulent scripts. (Assembly Bill 310, effective Jan. 1, 2021 to allow time for adopting regulations and other administrative tasks; signed by governor.)
Surprise medical bills: Requires out-of-network ER providers to bill at in-network rates and work out disputes without putting the patient in the middle. (Assembly Bill 469 effective Jan. 1; signed by governor.)
Maternity care: Requires health plans other than Medicaid or plans provided by local governments to cover maternity care for a surrogate carrying a child for another woman or couple. (Assembly Bill 472 effective Jan.1; signed by governor.)
Family planning: This bill provides $6 million more over two years in grants to local governments and nonprofits to provide various types of contraceptives. (Senate Bill 94 effective July 1; signed by governor.)
Abortion law: This bill simplifies and streamlines informed consent procedures for women seeking an abortion and also removes and updates outdated laws. (Senate Bill 179 effective July 1; signed by governor.)
Deaf children: Sets up programs to provide discounted or free hearing aids to lower-income, hearing-impaired children. (Senate Bill 203, various provisions take effect through July 1, 2020; not yet signed.)
Asthma drug prices: A price transparency bill that requires drug companies to disclose information annually on how they price asthma medications could keep drug costs down. The bill follows a similar measure from 2017 targeting diabetes drugs carried by state Sen. Yvanna Cancela, D-Las Vegas. (Senate Bill 262, effective Oct. 1; signed by governor.)
Dry needling: Authorizes doctors of Asian medicine to perform dry needling, a procedure similar to acupuncture. (Senate Bill 355, effective Jan. 1; signed by governor.)
Dental therapists: Establishes the practice of dental therapy, a midlevel provider between hygienist and dentist, to address affordability and a shortage of providers. (Senate Bill 366, fully effective Jan. 1; not yet signed.)
Medical marijuana: Adds anxiety, autism, autoimmune disorders, addiction, anorexia and certain neuropathies to the list of allowable conditions for medical marijuana use. (Senate Bill 430, effective July 1; signed by governor.)
Medical equipment tax: Enacts voter-approved sales tax exemptions sales of certain reusable medical equipment, oxygen delivery equipment and mobility enhancing equipment (such as motorized wheelchairs). (Senate Bill 447, effective July 1; signed by governor.)
Health care system assessment: A Patient Protection Commission will review issues of health care quality, accessibility and affordability and report twice a year to the governor and Legislature. (Senate Bill 544 immediately effective; not yet signed.)
Immigration
Office of New Americans: If you’re an immigrant, refugee or asylum
seeker, this new agency directly under the governor was created to help you integrate into American life. (Senate Bill 538, not yet signed.)
Labor
Cosmetology, hair licensing: Reduces the hours of training required to practice cosmetology or be a hair designer or esthetician. (Senate Bill 208 effective July 1; signed by governor.)
Sick leave: Companies and organizations that employ 50 or more workers must offer at least 40 hours of paid sick leave a year. (Senate Bill 312 effective Jan. 1; not yet signed.)
Marijuana job tests: Starting next year, it will be illegal for an employer to refuse to hire you just because you tested positive on a pre-employment test for marijuana. This new law doesn’t apply to firefighters, doctors, or those who drive a vehicle for a living. (Assembly Bill 132 effective Jan. 1; signed by governor.)
Prevailing wage rollbacks: Republicans in 2015 set prevailing wages for school construction projects at 90 percent of the local prevailing wage, raised the cost threshold for projects to $250,000 from $100,000 and exempted charter schools from the law. Democrats this year undid all of that and reverted the prevailing wage laws back to pre-2015 levels. (Assembly Bill 136 effective July 1; signed by governor.) You can call in sick:
Employers won’t be able to make you come into work to report that you are sick or injured. (Assembly Bill 181; signed by governor.) Safer hospitals:
Hospitals and other medical facilities will be required to develop and carry out plans for workplace violence prevention and report such incidents of violence to the state. (Assembly Bill 348; not yet signed.) Confidentiality for social workers:
Social workers who handle child welfare services and child protective services will be allowed to have their personal information, including addresses, considered confidential within the county clerk’s office. (Assembly Bill 362; signed by governor.)
Protections for federal workers: Federal workers felt the impact when the U.S. government shut down for more than a month starting in late December and went several weeks without a paycheck. But in Nevada, new laws would protect them and their families in those situations, including forbidding foreclosures on their homes during a shutdown, banning car repossessions and more. (Assembly Bill 393; not yet signed.)
Collective bargaining for state workers … almost: Nevada’s 22,000 state workers will be allowed to bargain collectively for wages and benefits, but the governor will have final say over the numbers. (Senate Bill 135; not yet signed.)
Bargaining changes for school principals and administrators: Like the prevailing wage changes, Democratic lawmakers also undid another 2015 law that put several restrictions on school principals’ and administrators’ ability to collectively bargain. (Senate Bill 153; not yet signed.)
For injured workers: You will have the right to choose your own doctor or chiropractor (Senate Bill 381. Effective Jan. 1; not yet signed.)