Tag Archives: New Nevada Laws 2021

Nevada Workplace Safety and Wage Inequities

Our lawmakers in Carson City passed bills governing all areas of the law in their 2021 session, even during the pandemic they were hard at work. Many of these laws focused on workplace safety and wage inequities. Our legislature was busy addressing unfair employment practices and workplace safety issues. based upon race, immigration status and socio-economic position.

They passed  laws to expand employee rights to brings claims against their employers to adding protections for cannabis industry workers. Our legislature stands on the forefront of protecting our employees and their  civil rights in the state of Nevada. Our legislature was brave enough to step up and address the issues head on and protect and preserve employee rights in Nevada. Although we are an at will employment state, the legislature added protection for Nevada employees. also addressed pandemic issues to allow our state administrators greater freedom in accessing medical supplies. The following is a summary of the workplace bills that were passed by our Nevada legislature during the 2021 session.

Workplaces

Assembly Bill 222: Expands whistleblower protections to cover employees who report workplace problems internally. This bill protects employees who report issues in their workplace to the  United States Equal Employment Opportunity Commission. Under the existing law, when an employee files a complaint alleging unfair employment practices with the equal rights commission and  commission in turn concludes that unfair employment practice have taken place, The person alleging the unfair practice is authorized to bring civil action in the District Court. Existing law prohibits the person from bringing the civil action more than 180 days after the act constituting the unfair employment practice occurred or more than 90 days after the right to sue letter was issued by the commission, whichever is later. The existing law also provides that the 90 day and 180-day periods of limitation are tolled during the pendency of the complaint provisions. This new bill extends the coverage of those provisions to actions in the District Court for occurrence of unlawful employment practices under title VII and issuance of the right to sue letter by the equal employment opportunity commission. This bill further tolls the 90- and 180-day statute of limitations periods during the pendency of the complaint before the federal equal opportunity employment commission.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7699/Text 

Effective immediately.

Assembly Bill 227: Seeks to ensure that construction industry workers are paid wages in line with their skills and prevents “off the books” work. This bill  is an attempt to protect construction workers and prevent the widespread practice of having workers “work off the books“. The bill is an attempt to ensure that construction industry workers are paid wages in line with their skills. Under existing law, a person licensed to be a contractor and engage in the business of constructing, altering, or repairing structures must follow certain employment practices. This bill differentiates and defines the types of work performed that requires a contractor’s license as well as persons who may perform work for a contractor that do not require a contractor’s license. This bill sets forth additional acts which will constitute cause for disciplinary action against a contractor by the state contractors board to include retaining sub-contractors to perform work were a license is necessary who are not licensed contractors.

In reading this bill, is its entirety I find it almost unintelligible and poorly worded. However, In researching the history of this bill, this bill was lobbied for by the Nevada construction workers union who called for a crackdown on what they called “tax and wage fraud.“ The unions that represented carpenters were calling on law makers to pass a bill to fight what they called “fraud and wage theft” in the construction industry. This bill is supposed to require everyone working on a construction project that requires a general contractor to be employees of the company or contracted  licensed subcontractors. The union believes this bill will discourage the practice of hiring workers “under the table“ and paying them cash. The carpenters  union argued that unscrupulous companies use this method to get out of paying for general liability insurance, Worker’s Comp, Social Security and unemployment taxes. They asked the legislature to crack down on these employers that do not play by the rules. The union saw this as a growing problem in the industry. After their diligent lobbying efforts, assembly bill 227 passed and is an attempt to curb this practice. However, I do not believe the wording of the bill will necessarily accomplish its goal. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7666/Text 

https://www.publicnewsservice.org/2021-04-15/livable-wages-working-families/nv-construction-workers-unions-call-for-crackdown-on-tax-wage-fraud/a73930-1

 Various effective dates through Oct 1, 2021.

Senate Bill 122This bill requires specific cannabis establishment employees to undergo safety and prevention training. This bill requires that no later than one year after cannabis employee is hired,  that the employee must obtain a completion card of the OSHA 10 (Occupational Safety and Health Administration — a Government agency) course. Supervisory employees must complete the OSHA 30 course. The bill provides for fines for employers for failing to comply with this training requirement for their employees. Current law already requires that employees on construction sites complete these courses. This bill incorporates employees of cannabis establishments who are now  required to complete these courses. 

In a letter to the Senate Commerce and Labor Committee dated March 3, 2021, the Nevada Dispensary Association opposed this bill. They believed that the mandate was overreaching and applied harsh penalties that were inequitable as compared to other industries. They argued that employees that only work at the dispensaries should be exempt from this requirement because those employees were not in a setting where they are at elevated risk for accidents, and they do not operate dangerous equipment or heavy machinery. They argued there was no equivalent safety requirement for employees working in air-conditioned space such as retail having to go through this training. I do find it unusual that employees that work at a counter at a dispensary are required to undergo the same training as those working with heavy machinery on construction sites when people working at the counter at retail department stores are not required to undergo these same training courses. 

The Nevada Dispensary Association further argued that the mandatory penalties imposed on the cannabis industry were far out of line with the standard practices of penalties for any other industry. In addition, they argued that cannabis establishments are inspected and have access to best practice resources like Nevada OSHA safety consultant and training section to prevent workplace injuries. The Nevada Cannabis Compliance Board believed that the Nevada cannabis compliance regulations already provide substantial and specific training requirements for employees of the cannabis industry. They believed these additional training requirements were unnecessary for most dispensary employees.

However, the bill was supported by UFCW local 711 on behalf of cannabis workers. The union represented 6800 members of the united food and commercial workers local union 711 and they submitted a letter to support the bill. The union pointed out that members in Nevada work in grocery stores, retail establishments, chemical manufacturing food processing plants. They argued that the  legal cannabis industry and all other industries should be required to undergo these courses. The union argued that members of the cannabis industry work in growing and cultivating facilities, manufacturing facilities, and processing facilities as well as laboratories. It really appears that the bill did not accomplish what it may have been intended it to accomplish in those workers working with farm equipment or cultivating the product are far different from those selling the product at the counters in the dispensaries. I believe the bill should have been more qualified to specific types of employees and not broad-based to include all retail employees. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7460/Text 

Effective on July 1, 2021.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

Nevada Child and Human Services

Nevada Bills passed 2021 Government and Social Services

Our lawmakers in Carson City passed numerous bills governing all areas of the law in their 2021 session, even during the pandemic they were hard at work. Many of these laws focused on Government and Social Services. Our legislature was busy addressing many inequities based upon race and socio-economic position. They updated our laws to provide expanded services for disabled people and allowing homeless youth to make their own health care decisions. coverages to address these disparities. The following is a summary of the Open Government bill and the laws governing social services  that were passed by our Nevada legislature during the 2021 session.

Open government

Senate Bill 77:This Bill exempts from state Open Meeting Law certain pre-decision and deliberative public meetings involving National Environmental Policy Act proceedings. This bill is intended to allow local officials to discuss the bill before the open government groups begin. Specifically, the law is amended as follows:

Section  1. Chapter  241  of  NRS  is  hereby  amended  by  adding thereto a new section to read as follows:
 1. A  public  body  that  has  entered  into  a  memorandum  of understanding  or  other  agreement  with  a  federal  agency  for  the purpose  of  engaging  with  the  federal  agency  on  an  action  under the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., may hold a closed meeting to engage in predicational and deliberative  discussions  on  the  subject  of  the  memorandum  or agreement. Any such discussions in a closed meeting must:  

(a)  Occur  only  during  the  period  before  the  federal  agency publicly  releases  the  document  addressing  the  action  under  the National Environmental Policy Act and begins the corresponding
public comment period; and  

(b)  Be  required  by  the  federal  agency  to  be  kept  confidential under the memorandum of understanding or other agreement. 

2.    If a public body holds a closed meeting pursuant to subsection  1,  the  public  body  shall  not  include  any  item  in  the discussions  for  the  closed  meeting  other  than  the  subject  of  the  memorandum or agreement entered into with the federal agency. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7340/Text

Effective immediately.

Social services

Assembly Bill 62: This Bill allows the state treasurer to seek private donations to fund start-up ABLE savings accounts before the age of twenty-six to save money in a specific account for Nevadans with intellectual or developmental disabilities. The ABLE Act allows individuals who were previously deemed to be disabled to open accounts and not jeopardize the government benefits they desperately need. Before this act was passed, a person with a disability who relied on benefits provided by the government to survive, such as SSI and Medicaid, could lose those benefits if they had more than $2,000.00 .  The loss of those benefits could mean the loss of housing, employment, transportation and other critical benefits that they receive. The ABLE Act allows people with disabilities to save money and feel more secure without being penalized. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7315/Text

 Effective April 21, 2021.

Assembly Bill 138: Reverses the law that made those convicted of felony drug crimes ineligible for federal food or family assistance. Unfortunately, there are hundreds of thousands of Americans who are currently serving time for drug offenses in our country. Some statistics say it is more than a half-million people. For many of these citizens, leaving prison with a felony conviction on their record creates an added level of difficulty in re-entering society. A 1996 federal law blocks felons with drug convictions from receiving welfare or food stamps unless the individual states choose to waive the restrictions.

The ban that was imposed did not apply to those  with convictions for any other crimes. These bans on public programs were put into  place as part of a sweeping reform of the nation’s welfare system in the 1990’s at a time when the “war on drugs” was in full swing. Two decades later, many states are rethinking this position and trying to help people released from prison for drug conviction re-enter society and  become productive citizens. The goal is to reduce the likelihood they will return to prison.

Since 1996, 18 states have reversed these  restrictions on food stamps, also known as the “Supplemental Nutrition Assistance Program” and  allow people with certain types of drug felonies to be eligible those benefits. While states can make changes to welfare and food stamp policy, it primarily falls to the federal government to remove the hurdles that released drug felons face in receiving various government benefits for education, nutrition  and housing assistance.

In 2006, the federal government opened college grants and loans to those convicted of a drug felony which reversed a 1998 policy. However, if someone is convicted of a drug crime while receiving aid, they will lose the aid until they complete treatment or prove sobriety which seems perfectly reasonable if the program is also paid for by the government. Otherwise, they are back at square one and likely to recommit a crime.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7466/Text

 Effective July 1, 2021.

Assembly Bill 197: Authorizes minors who do not live with their parents or legal guardian to consent to certain health services for themselves or their children. The need for this bill reflects a very sad issue facing our community.  There is a rising trend of homeless youth in Southern Nevada. I was shocked to learn that our state  ranks fourth in the nation in total number of unaccompanied homeless youth. In addition, sadly, Nevada ranks first  in the nation in rates of Unsheltered Unaccompanied Homeless Youth. The rate of unaccompanied youth (aka homelessness) in Southern Nevada  is greater than the state as a whole and far exceeds the national average (24.7% compared to 6.54%). Another shocking fact is that 2,794 minors were rescued from human sex trafficking by Las Vegas Metropolitan Police Department from 1994 through 2016. This is a number that shocked my conscious. The need to allow minors to make their own decisions will continue to grow in all areas of the law as long as these numbers exist.  

These numbers have been on the rise for the past several years .  Recent data from Clark County School District (CCSD) shows  that this trend  of an increasing youth homeless population has gone unabated in Southern Nevada. CCSD data reports show that the number of families with children and unaccompanied youth who identify themselves as homeless has gone up over the years from 9,284 children in 2013-2014 to almost 11,000 children in the 2016-2017 school year.  There are many organizations trying to help these kids including the following: 

Shannon West Homeless Youth Center

               1640 E Flamingo Rd, Las Vegas, NV 89119 

                Phone(702) 526-4990

Hearts 4 Angels Ranch/Shelter For Homeless Teens

               3960 Howard Hughes Pkwy Suite 508, Las Vegas, NV 89169

               Phone(702) 660-5240    

               Street Teens

                    5599 S Pecos Rd, Las Vegas, NV 89120

                     Phone(702) 215-4171

If you are able to help in anyway, these organizations are allowing taking donations to help these homeless youth.  

https://www.unlv.edu/sites/default/files/story_attachments/167/The%20State%20of%20Homeless%20Youth%20in%20Southern%20Nevada.pdf

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7591/Text

Effective May 27, 2021.

Assembly Bill 406: This bill requires casinos to withhold casino gambling winnings from parents who owe child support. Although this law seems good on paper, enforcement may prove to be very difficult. There are thousands of parents who owe child support, and the statute requires that the paying entity have notice of the child support lien. The statute does not provide for the creation of a central data base that the casinos can access to check if child support is owed by the winner. Until there is a way for this to be conveyed to the casinos in Nevada, this will be a difficult provision to enforce. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8031/Text

Effective October 1, 2021.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne, Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Marie Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450- 4868 and text 24/7 at 702-600-0032. 

A break down of the new laws and bills passed by Nevada Lawmakers in the 2021 session.

Nevada Lawmakers passed bills impacting all areas of our laws and government in the 2021 session.  This blog is a continuation of my series of breaking down all of the new laws and bills passed by our legislature in the last session. If you are a new lawyer looking for legal placement opportunities, you may search online or contact a legal recruitment agency or an attorney recruiter.

Our lawmakers passed laws on issues ranging from expanding voting rights to decriminalizing speeding tickets. In this blog, I outline the new laws passed in the area of government and administration. Specifically, these laws focus on the organizing, directing, planning, coordinating, and controlling of government operations in our state. 

Government and Administration

Assembly Bill 123: This bill  will not make Golden Knights fans thrilled but I doubt it will deter any fans from obtaining a Golden Knights license plate. This bill increases the cost of the Golden Knights license plate by $10 to support the team’s foundation. The Golden Knights foundation is a 503(c)(3)  organization that serves charitable organizations in our community. They support local nonprofits via partnerships, community programming, and direct grants. These activities are funded by financial donations and various programs throughout the year, including the sale of license plates.  Some of the programs supported by the foundation include fostering growth of Las Vegas youth in K through 12 public schools with programs with emphasis on youth sports. The foundation also serves military members and first responders by providing donations as well as helping to fight hunger and homelessness in our communities. $10 well spent!!!

Effective October 1, 2021.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7444/Text

Assembly Bill 196 requires that there be designated lactation rooms in our county and city court houses. This law mirrors the federal law that has been in effect for many years which requires all federal buildings to provide space that is private and clean for mothers to feed their newborn babies or express breastmilk. This bill makes appropriations from the state general fund to allocate  grants for the court houses to construct these  spaces. 

Effective January 1, 2022.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7590/Text

Assembly Bill 236 changes the age requirement as well as the residency requirement for a person to run for Attorney General in the state of Nevada.  It is interesting that the previous law did not require our state attorney general to be an attorney in good standing in the state of Nevada. This law also increases the age from 25 to 30 years old to run for such office and in addition extends the residency requirement from the previous two years to three years residency prior to the election.  In my brief research, I was unable to reveal how or why this law became necessary or relevant at this time. Our current attorney general, the 34th in our state, is attorney Aaron D Ford who is highly qualified with a long and distinguished career in both law and state politics.

Effective immediately.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7682/Text

Assembly Bill 253  updates the open meeting law to meet with the challenges that Covid has presented and  the technology we currently use. This bill simply adds a process for remote access to open meetings of government committees.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7713/Text

Effective immediately.

Assembly Bill 280 requires that all public single stall restrooms now must be gender neutral.  It is important to note that the bill does not require business establishments to change existing facilities with the exception that if they have a single stall restroom, they will need to change their sign to allow an “all gender” bathroom or “all accessible” bathroom. It is important to note that the bill specifically does not provide for a cause of action to be filed or a complaint to be filed with the Nevada Equal Rights Commission for a violation of this bill. For all practical purposes, the bill does not change much.  Clearly, establishments that only have one single restroom obviously allow people of all genders to use their single restroom. It does not require changes to existing establishments with the exception of the sign and only if they only have one single stall restroom

Various effective dates through February 1, 2022.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7756/Text

Assembly Bill 421: Assembly Bill 421 shows that our legislature was busy in all areas of the law to remedy outdated laws that are still on the books. This law removes and replaces reference to insanity and the term “deaf and dumb” in our state code. It may be shocking that we were still using the phrase “deaf and dumb” in our laws.  This bill requires Nevada law to refer to “persons with mental illness.“.  The law states that “terms that are not preferred for use in Nevada revised statutes include “insane“ and insanity“. Sometimes words become slang in our environment and lose their legal meaning. This provision updates the language of the statutes to a more clinical use of terminology. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8053/Text

 Effective July 1, 2021.

Senate Bill 28 Senate Bill 28 establishes the offense of sexual harassment within the Nevada code of military justice and provides punishment. Although the military operates under its own code of military justice, the national guard is governed by the states. Senate Bill 28 adds a punitive provision for sexual harassment by enforcing the zero-tolerance policy for sexual assault and harassment in the Nevada National Guard. Sexual assault has long been a criminal matter and continues to be punishable severely under our system of justice. However, the offense of sexual harassment often goes unpunished or unrecognized. This law provides stronger enforcement of the quality and safety of members of the Nevada National Guard.

https://gov.nv.gov/News/Press/2021/Governor_Sisolak_signs_Senate_Bill_28/

Effective May 19, 2021.

Senate Bill 46 Senate Bill 46 must’ve been prompted by some events as it makes certain public documents such as deeds of residence and voting records confidential for employees of the attorney general’s office.

https://legiscan.com/NV/bill/SB46/2021

Effective October 1, 2021.

Senate Bill 62: Senate Bill 62 expands which charitable organizations are required to register with the state and adds those that solicit donations but are not federally tax exempt.  This bill is likely in response to the large amount of fraud that occurs by telemarketers calling and stating that they are with the police or fire departments or other organizations and are soliciting money related to those organization. Many of these are fraudulent and tarnish those they purport to represent. This bill requires that any organization that does try to solicit money from the public, whether it be for college funds or fallen firefighters or police officers, to register with the state. This is so that the state knows who is soliciting charitable donations from the public.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7247/Text

Effective on October 1, 2021.

Senate Bill 177 Senate bill 177 is simply another tax disguised as a fee to increase revenue for the state. This bill increases the surcharge on a marriage license from $25 up to $50. The bill states that the extra funding will support domestic violence services.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7601/Text

 Effective July 1, 2021.

Senate Bill 430  expands projects that will be funded by the state infrastructure bank and includes projects related to renewable energy, recycling, and social and economic development among many other causes.  The bill also will expand projects to include digital infrastructure

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8161/Overview

Effective July 1, 2021.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Nevada State legislature in 2021 very busy looking at climate change

The state legislature in 2021 was very busy looking at climate change in improving Nevada’s reporting requirements and environmental state. Our state is on the forefront of preserving the environment. Our legislature passed several bills to require additional reporting regarding greenhouse gas emissions by Nevada companies. In addition, laws were passed to increase administrative fines for violations relating to public utilities and add fines for submitting inaccurate or misleading information to the public utilities commission. 

These new laws show that Nevada is serious in enforcing climate regulation to protect our environment. The legislature authorizes local governments to create commercial property financing programs to support energy efficient and renewable energy resiliency and water efficiency improvements. Our legislature was well aware of the need to preserve and protect our environment and also protect our natural resources. The following are the bills that were passed to further these causes.

Our legislature was on the forefront in many areas this year advancing public policy and protecting our citizens and our environment. Our legislature was focused on preserving our resources and enhancing the beauty of our communities. Our legislature was well aware of the needs of our community both financially and the impact of creating projects and funding for environmentally sound projects.  These bills range from funding new projects to reporting requirements regarding greenhouse gases to penalties for reporting false, misleading or inaccurate information to authorities.

Energy and Utilities

Assembly Bill 452: Under this bill, reporting requirements are improved and reporting on greenhouse gases is enhanced. Existing law required the State Department of Conservation and natural resources to prepare an annual report that includes a statewide inventory of greenhouse gas emissions. This law has been in effect for 20 years in the state of Nevada. Section 1 of this bill requires these agencies and entities to submit to the Department of Conservation and Natural Resources any information that is determined by the agency to be necessary to prepare the annual report including information relating to emissions from substitutes for ozone depleting substances. Basically, this law enhances reporting requirements and requires information that was used to prepare a report to be submitted with the report.  The Bill Requires certain state agencies and entities to submit additional data on greenhouse gas emissions  then was previously required. For the entirety of the bill see the link below

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8128/Text

Effective July 1, 2021.

Senate Bill 18: Nevada senate bill 18 relates to public utilities and increases the amount of administrative fines that the public utilities commission of the state of Nevada is authorized to assess for certain violations relating to public utilities. The new law further authorizes the commission to assess administrative fines on a person who provides in accurate or misleading information to the commission. This law revised certain provisions relating to determining how certain administrative fines are assessed by the commission. This law goes so far as to increase criminal penalties for certain violations relating to public utilities and providing other matters that relate there too The bill increased the fines to a maximum of $200,000 per day for each violation up to $2 million for any related violation. The fines imposed by this new statute are extreme and prove the commitment of our state legislatures to protecting the environment and penalizing those who violate Nevada law for firstly reporting or failing to comply with Nevada environmental policy.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7193/Text

Effective on July 1, 2021.

Senate Bill 283: Nevada senate bill 283 relates to local improvements and authorizes municipalities to create a district for certain qualified improvement projects. This new law sets forth the requirements for creating such a district and authorize a certain financing to pay for qualified projects. This law makes various changes relating to the laws regarding local improvement for environmental protections. You may live in an area where you see your city or county removing grass and changing out landscape. This Bill deals with these kind of projects and funding therefore to improve water use and Improve our energy resources. It allows for funding for landlords to improve their properties and rewards public works projects for improving environmental impacts

The bill authorizes local governments to create commercial property financing programs to support energy efficiency, renewable energy, resiliency, or water efficiency improvements. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7879/Text

Effective October 1, 2021.

Senate Bill 448: This is an extraordinarily long and multi-prong bill that aims to increase clean energy investments in our state  and promote storage and transmission. The Nevada legislature approved this sweeping clean energy bill that is directed at accelerating the construction of a massive transmission project. The bill also aims at increasing spending on electric vehicle infrastructure and requires that the state join the Regional Transmission Organization (RTO) by 2030. This bill puts legislative backing behind the planned $2 billion “Greenlink Nevada“ transmission upgrade which would construct two new 525 kilovolt transmission lines that would essentially link the entire state. Nevada energy would be required to complete construction of the project by the start of 2029. This bill passed our legislature 32 to 10 after passing the Senate unanimously.

This Bill  was introduced by state senator Chris Brooks of Las Vegas and is advancing Nevada towards its goal of reaching 100% carbon free resources by 2050. This bill requires utilities to forecast a path to achieve 80% reduction in carbon dioxide emissions from the 2005 levels by the end of the decade. The Greenlink Nevada project encompasses more than 600 miles of new transmission lines connecting the Western part of the state to the East and to Las Vegas. These new powerlines would effectively create a transmission triangle that will connect the population centers with geothermal and solar energy. This could give Nevada access to large amounts of renewable energy that are currently not able to reach the grid because of transmission constraints. Experts believe this is a significant path towards fully decarbonizing Nevada. The bill sets our state on a path toward joining a competitive wholesale energy market with other western states creating an 18-member task force to examine the steps Nevada would need to participate in the RTO.

The bill also requires Nevada Energy to file a plan by September 2021 to invest $100 million in electric vehicle infrastructure including charging stations along interstate highways, at outdoor recreation facilities and in urban areas where people may not be able to charge vehicles at home. At least 40% of that infrastructure would have to be located in underserved communities. Nevada energy supported the bill that will transform Nevada’s clean energy landscape and create thousands of jobs in our state. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8201/Text

Various effective dates.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

New Nevada Laws Passed in 2021 Impacting Nevada Elections and Voter Rights

NevadaVoter Bill of Rights

The Nevada Voters’ Bill of Rights, as outlined in NRS 293.2546, includes the following provisions: 

  1. Each voter has the right to receive and cast a ballot that is written in a format that allows the clear identification of candidates, and accurately records the voter’s preference in the selection of candidates. 
  2. Each voter has the right to their questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place. 
  3. Each voter has the right to vote without being intimidated, threatened or coerced. 
  4. Each voter has the right to vote on Election Day if the voter is waiting in line at his or her polling place to vote before 7:00 PM. 
  5. Each voter has the right to return a spoiled ballot and is entitled to receive another ballot in its place. 
  6. Each voter has the right to request assistance in voting, if necessary. 
  7. Each voter has the right to a sample ballot which is accurate, informative and delivered in a timely manner. 
  8. Each voter has the right to receive instruction in the use of the equipment for voting during early voting or on Election Day. 
  9. Each voter has the right to have nondiscriminatory equal access to the elections system, including, without limitation, a voter who is elderly, disabled, a member of a minority group, employed by the military, or a citizen who is overseas. 
  10. Each voter has the right to have a uniform, statewide standard for counting and recounting all votes accurately. 
     
  11. Each voter has the right to have complaints about election contests resolved fairly, accurately and efficiently.

Yes, there is a Nevada Voter Bill of Rights that applies to each Nevada voter.  You may have heard a lot in the news lately over voting rights.  This is an extremely partisan issue that has given unfair advantage to certain political candidates throughout our history. The Nevada legislature focused on voting rights and electoral issues in their last session and passed some groundbreaking Legislation.  Nevada will now hold the first presidential caucuses in the natation.  In addition, for the safety of all Nevadan’s to better understand the process and what these concepts mean and how they translate to in modern day politics. First, let’s start with defining the basic concept of gerrymandering. It is clear from the overall text and improvements made to our voting scheme that the Nevada legislature clearly had the intent to open the polls and make voter access and registration as easy as possible for Nevada residents. Unlike many states in this country who are currently attempting to restrict voter access and trading laws that prevent many from having access or being able to do participate in the voting process Nevada is on the forefront of creating a system which will allow every Nevadan the easiest and most efficient way to cast their ballots and exercise their constitutional right to vote. 

As historical background, legal barriers to voting have existed in this country since it was founded, and unfortunately, continue to exist to this day. The voting rights act of 1965 was significant legislation to overcome many historical barriers that discriminated against minority voters. This discriminatory pattern dates back to the founding of our country.  Shortly after the Civil War ( 1861 to 1865)  the states ratified the Fifteenth Amendment that guaranteed that the right to vote could not be denied “ on account of race, color, or previous condition of servitude.” Unfortunately,  the still Confederate south was not amiable to following the newly enacted laws. As a result, Congress continued to act enact legislation that made it a federal crime to interfere with an individual’s right to vote and to protect the rights of voting for minorities.  Even with Federal legislation in place for over fifty years, inequalities and barriers still exist for many Americans in being able to cast their ballot.  Nevada is on the forefront of eliminating as many barriers and obstacles as possible to allow each and every Nevada resident over 18 to cast their vote.  

Elections

Assembly Bill 121: Assembly bill 121 allows special accommodations for our disabled voters in Nevada. This bill requires the Secretary of State to allow a voter with a disability to register to vote and to cast an absent ballot using the system approved electronic transmission.  This is the same system that is used for military and overseas voters to be able to cast their ballot while they are serving our country. This bill also eliminates the requirement that a voter needs to cancel their registration if they want to change parties.  In addition, it also extends the deadline for uniform military and overseas voters to submit an application to register to vote or to request an overseas ballot. These changes will allow our disabled voters and our military personnel easier access to voting in the state of Nevada. It will also allow for an easier change of party if anyone is considering that after the past several tumultuous years of political upheaval. 

 https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7442/Text  Effective January 1, 2022.

Assembly Bill 126: Assembly bill 126 will make Nevada the first state to hold a presidential caucus in the country in the next presidential election. The bill establishes the requirements and procedures for conducting a presidential preference primary election to determine the preferences of the registered voters of the major political parties in the state of Nevada. This bill is somewhat groundbreaking and will push Nevada politics to the forefront of  national attention. Iowa has historically been the first caucus to go forward and establish a foreshadowing of voter tendencies. Nevada will now become the first state to give national indication of voter preferences.
https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7448/Text  Effective January 1, 2022.

Assembly Bill 321: Assembly Bill 321 is also groundbreaking and was at the forefront of the Trump administration’s many challenges to the elections of 2020. This bill makes mail in voting permanent in the state of Nevada and improves our election process to allow greater voter access.  Unlike many states who are moving to create more restrictive voting laws, Nevada is moving forward to expand voting access for all our residents. I commend the Nevada legislature for expanding voting rights for Nevada citizens and using their best efforts to allow every registered voter in Nevada to have access to the ballot box.  Although many people think that mail in voting was created for the pandemic, that is simply not true.  Mail in voting has been in effect in this country for over one hundred years.  The pandemic just emphasized the need for all citizens to be able to cast their ballot regardless of their health or current location.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7842/Text

Effective Jan 1, 2022.

Assembly Bill 422: Assembly Bill for 22 requires a statewide and centralized database of voter records to be implemented by 2024. It seemed very crazy to me that in 2020 such a database does not exist in the state. However, apparently it does not. This bill requires the Secretary of State to create a centralized database that collects and stores voter pre-registration and registration information from all counties in the state of Nevada. This bill further requires the clerk of each county to use the database created by the Secretary of State to collect and store pre-registration and registration voting information of the residents of that county.  The bill also has built-in oversight provisions to allow the Director of the Legislative Council Bureau to oversee this process. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8054/Text   Effective January 1, 2024.

Assembly Bill 432 Assembly Bill 432 expands the list of state agencies that offer automatic voter registration. This is groundbreaking and will also allow much greater access and easier participation for Nevada residents to register to vote. Historically, when you obtain your driver’s license you are allowed to automatically register to vote at the same time. This bill will allow this same service to be conducted in other state processes.  This bill provides that additional agencies of the executive department of state government will offer automatic voter registration to its participants. This bill further authorizes the Governor of the state of Nevada to designate additional state agencies and certain government agencies as automatic voter registration agencies.  It also sets forth the requirements for automatic voter registration. It allows for these agencies to transmit certain voter registration information directly to the Secretary of State and to the county clerks. It is likely that the health department will allow voter registration when obtaining a health card as well as other county services.   https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8087/Text  Effective January 1, 2024.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. In writing my Blog, I hope to keep my readers updated and informed about current and important legal issues.  We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Nevada Department of Education

New Bills passed for the Nevada Department of Education

One area where lawmakers were extremely busy this year was in the area of education. Of the hundreds of bills passed during the 2021 legislative session, 15 were directed toward the education of our kids. These bills address everything from inequality in language barriers to the lack of instructional time given to online students to compensation for college athletes. Our legislature was in tune with the issues with students from inequality to funding to mental health and made great attempts to address many of these short-falls and problems in our schools. The following are a list of the bills passed during the session regarding education.

Education

Assembly Bill 19: This bill revised the academic subjects that constitute social studies to allow for additional content.  Although for the text is not available, it appears the legislative intent is to allow additional subjects such as civics and financial responsibility to be added to social studies. The bill also exams standards of performance for social studies curriculum.  https://legiscan.com/NV/bill/AB19/2021

Effective immediately.

Assembly Bill 57: It is well known by all of us who have children in the schools that the pandemic has seriously impacted their educations. Online school was not anything remotely comparable to in person learning. Assembly bill 57 suspends teacher evaluations that are based on student growth for two years based on the pandemic’s effects on student learning. I don’t believe this was the proper solution as A further lack of responsibility on the part of educators however this is the bill that was passed by the legislature. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7310/Text 

Assembly Bill 105: This bill requires a board formed by the Nevada interscholastic activities association to include at least three parents of students that play a sport. This bill will offer some due process and give voice to parents who are involved with their kids in sporting activities and give the perspective of families to decisions makers within the district. https://legiscan.com/NV/bill/AB105/2021   

Effective July 1, 2022.

Assembly Bill 109: Assembly bill 109 increases the standards for educators at charter schools. A lot of people don’t know that not every teacher in a charter school is required to have the same level of qualification as teachers in public schools. This bill increases the rate to require that 80% of teachers at charter schools who need to be licensed instead of the previous 70% requirement, although assembly bill 57 reduces teacher accountability for the next two years

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7423/Text

Effective July 1, 2021.

Assembly Bill 194: Nevada existing law establishes the “Nevada Early Childhood Advisory Council” and sets forth the minimum membership of the council that is required. This counsel advises the governor on various educational issues. This bill requires the addition of a member of the counsel who is a representative of the pediatric mental, physical, or behavioral health care system or industry.  This bill is likely in response to the large number of child suicides in Nevada this year.  This is an urgent and important issue that needs to be addressed right away to help the students in our community.  My heart goes out to the parents and loved ones of these students that have taken their own lives at such young ages.  

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7585/Text

Effective July 1, 2021.

Assembly Bill 195:  This Bill establishes an English language bill of rights to help Nevada students and their family work within the school district system.

https://legiscan.com/NV/drafts/AB195/2021

Effective July 1, 2021.

Assembly Bill 224:  This bill creates a pilot program to provide menstrual products free of charge in lower-income schools.  

https://legiscan.com/NV/bill/AB224/2021

Effective July 1, 2021.

Assembly Bill 235:  This bill requires Nevada high schools to add subjects to their curriculum education to include financial planning. This also includes teaching students how to apply for state and federal student aid. This is a welcome change to assist our students to prepare for the future. It is somewhat shocking that this took an active our legislature to require educators to teach our kids these necessary skills.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7681/Text

Effective July 1, 2021.

Assembly Bill 254:  This bill Allows for college athletes to be compensated for endorsements. This bill is groundbreaking.  This puts into law that student athletes are allowed to be compensated for endorsements. As the parent of a Division, I athlete, it is ridiculous that these kids are basically slaves to the universities. Many people don’t realize that their practice schedules are generally 32 to 40 hours per week in addition to their studies. It is not even possible for most of the students to be able to work and many of them are not on full athletic scholarships, contrary to what the NCAA would lead the public to believe. Unfortunately, the text of this bill is not available currently. However, a future blog will likely be dedicated to this issue that is close to my heart. https://legiscan.com/NV/bill/AB254/2021 Effective January 1, 2022.

Assembly Bill 257: Assembly bill 257 is likely in response to this year’s pandemic. This bill requires school districts to assess their indoor air quality in their buildings to address any issues and make improvements if necessary.  Hopefully, if problems are found there will be emergency relief funds available to make improvements to the ventilation and filtration systems of the schools to protect our children.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7721/Text

Effective July 1, 2021, through June 20, 2023.

Assembly Bill 262:  This bill Waives certain fees charged At Nevada universities for native American students.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7728/Overview

Effective July 1, 2021.

Senate Bill 102: This bill changes date by which students starting school must turn 5 years old before starting kindergarten.   A child must now turn 5 years old before the first day of school instead of the previous requirement of turning 5 before Sept. 30 to start school. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7400/Text

Effective July 1, 2022.

Senate Bill 173:  This bill allocates the funds received from the federal government from the pandemic to provide free enhanced summer school for all Clark County students this past summer to catch up on lost learning. This was of critical importance as so many students are far behind. My own son took summer school this summer due to the lack of instruction during the school year. The bill is unclear whether this will carry over into next summer for students 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7587/Text

Senate Bill 215:  This bill will be welcomed by parents familiar with the lack of instruction by the school district that occurred during the pandemic. This bill requires educators to provide 180 days of education and equal the number of minutes of instruction for all students regardless of whether they are distance-learning or in person.  Parents are likely familiar with classes that were “online” where students logged on for 10 minutes of instruction and logged off. This requirement requires all students to receive the same number of minutes of instruction whether they are online or in person. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7684/Text

 Effective July 1, 2021.

Senate Bill 444:  The is appropriated $268 million for education for the 2019-21 period to cover a decrease in tax revenue. It is interesting that our legislature was able to find this $268 million during a pandemic year of extreme tax fall shortages. I hope this money came from the federal relief money. In either event, our schools will desperately be in need of these additional funds considering the extraordinary conditions impacting learning during the past year

https://legiscan.com/NV/drafts/SB444/2021

Effective May 21, 2021.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Criminal Justice

New Nevada Laws Criminal Justice

Perhaps the greatest area of change in the 2021 legislative session is in the area of criminal law. From reducing speeding ticket penalties to banning certain types of weapons to expanding the statute of limitations on sex crimes, the legislature was busy listening to their constituents. The public outcry of the events of the past two years between police brutality to sex trafficking definitely rang through the legislator halls in Carson City. Our lawmakers were well aware of public outrage of police brutality and the exploitation of women and children in the serial sex trafficking that has become a greater reality than anyone wants to comprehend. The following are a list of the new laws the legislature passed to address many of these issues. For those who ever run into any legal troubles by breaking the law, consider getting help from a lawyer to see if you are eligible for criminal record expungement.

New Laws in Criminal Justice 

Assembly Bill 42: From a legal perspective this is a very groundbreaking a new law that allows for jury trials for misdemeanor charges in domestic Violence cases where weapons possessions are involved.   This law is based on a 2019 state Supreme Court decision that allowed for jury trials in misdemeanor domestic violence cases where weapons possession was involved. It is highly unusual in the law to have a jury trial for a misdemeanor charge. This new law establishes our state commitment to creating stiffer penalties and domestic violence cases especially those involving weapons. Effective January 1, 2022.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7293/Text

Assembly Bill 113: This Bill address is six trafficking crimes in our state. Did extend the statute of limitations for four years to six years however I think this is still much too short of a time for this grievous crime. However, the legislature Saw this New extension of the time should be sufficient.  Effective July 1, 2021.    https://legiscan.com/NV/drafts/AB113/2021 

Assembly Bill 143: Expands state services for human trafficking victims. https://legiscan.com/NV/bill/AB143/2021 Effective October 1, 2021.

Assembly Bill 158:  is actually a deal that reduces penalties and is likely long overdue. This law will reduce his penalties for underage use and possession of marijuana or alcohol. Given that the current drinking age is 21 and most of respect to college at 18, seems harsh to extend severe penalties to teenagers for drinking it is very important this has no effect on is not related to charges of drinking and driving. Drinking and driving is a serious matter, and he is considered serious in the law as well. This law only impacts underage drinking or use of marijuana not involving driving.    Effective October 1, 2021.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7502/Text 

Assembly Bill 182: changes the elements of the legal definition of “advancing prostitution “. It is surprising that this bill passed as it allows the owners of property work illegal prostitution is taking place to be charged with advancing prostitution. This is significant in that the impact on the hotel industry has yet to be seen. Under this new law prostitution that occurs at any establishment in hotel properties on the Las Vegas strip could be prosecuted as advancing prostitution which could packed business licenses gaming licenses liquor licenses etc. It is yet to be seen how this law will be enforced.  Effective October 1, 2021.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7552/Text

Assembly Bill 186: Assembly bill 186 will be a welcome wall for most residents of the valley. This law bands to get an arrest quote is by law-enforcement agencies. It has long been known that police agencies have maintained arrest quotas and ticket quotas which really on its face seems like constitutional and a platform for frivolous arrests and citations. It is unknown whether this will have an impact on the number of arrests for petty offenses or petty traffic violations that occur. I think most law abiding hard-working taxpaying citizens are tired of seeing the police in neighborhoods handing out citations for going 10 miles over the speed limit when Heinous and violent crime or reckless drivers are truly plaguing our communities   Effective July 1, 2021.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7571/Text

Assembly Bill 214: changes the definition of the sexual assault laws to allow sexual assault to be gender neutral. This law is long overdue as all persons should be protected from sexual assault.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7630/Text  Effective July 1 and October 1, 2021.

Assembly Bill 251:  provides for criminal record expungement of juvenile criminal records at the age of 18 instead of 21. It even goes on to allow for some records to be sealed automatically at the age of 18.  One thing that is important to note is that generally courts have access to these seals records in the event that additional crimes are committed as an adult.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7711/Text

 Effective December 31, 2021.

Assembly Bill 286: Assembly bill 286 Is also a response to the overwhelming gun violence we are facing. This bill bans to sell and possession of firearms that do not have a serial number. These types of weapons are also guns that can be made with 3-D printers or sold as kids. This is an attempt to make sure that every weapon that is sold can be traced as much as legally.  I do not know why the law in only in place through the end of 2022.  Sections effective immediately through January 1, 2022, https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7778/Text

Assembly Bill 336 Establishes an annual behavioral wellness visit for peace officers. Effective January 1, 2023.  https://legiscan.com/NV/bill/AB336/2021 

Assembly Bill 396:  This Bill revises rules allowing for use of deadly force by law enforcement.  It states that it can only be used if there is a threat of harm.  The new law reads as follows:

If  necessary  to  prevent  escape, [an]a  peace officer may,  after  giving  a  warning,  if  feasible,  use  deadly  force  to  effect the arrest of a person only if there is probable cause to believe that the person:1.Has  committed  a  felony  which  involves  the  infliction  or threat of serious bodily harm or the use of deadly force; or 2.Poses [a]an  imminent threat  of  serious  bodily  harm  to  the peace officer or to others. Effective October 1, 2021.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8007/Text 

Senate Bill 50: Limits issuance of no-knock warrants to law enforcement except to protect the public or a police officer or to prevent destruction of evidence. Effective October 1, 2021.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7228/Text

Senate Bill 148 Requires law enforcement agencies to submit information on hate crimes to the state’s central records repository. Various effective dates through July 1, 2021.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7537/Text 

Senate Bill 166   The next bill passed by legislators in 2021 to allow for the hate crime statute to apply to victims of the same race, gender, national origin, or other characteristics of the perpetrator of the crime. In the past, A black person could not commit a hate crime against another black person and likewise with any race or ethnicity. The statute changes the law to be affective if it is proven that a crime is committed against an individual on the basis of race, gender, or national origin or other characteristics such as religion. Although it may be difficult in a court room to prove that a white person committing a crime against a white person is a hate crime, in our world of social media there is often evidence that the perpetrator has engaged in hate speech or is member of a discriminatory organization prior to the time the crime is committed.  Our legislature here in Nevada is taking our state to the next level and protecting our citizens against hate and civil rights violations to the best of their ability.  https://legiscan.com/NV/drafts/SB166/2021 

Senate Bill 212 Limits police use of force and requires use of de-escalation techniques. Effective October 1, 2021. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7673/Text 

Senate Bill 236 Requires police agencies to enact early-warning screening for officers displaying signs of bias or other problem behaviors. Effective October 1, 2021.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7752/Text 

Senate Bill 275 Repeal’s felony statute for engaging in conduct that spreads HIV, providing for lesser penalties in line with other communicable diseases. Effective immediately.  https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7864/Text 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  I also work with other social security attorney firms if your case involves SSI claims and benefits.

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Nevada Civil Rights

This Blog continues our series of reviewing and explaining the many new laws passed in Nevada by the legislature in the 2021 session.   This blog will focus on bills involving the civil rights of the citizens of our state.  As an overview the legislature was definitely conscious of the events that have rocked our nation during the past two years including the death of George Floyd and the many other police involved killings and the pattern of discrimination by state and local governments.  These events have spurred our country to rise up and protest during the past two years.   These actions by our legislature prove that this a movement and not just a demonstration.  These protests have yielded changes in our laws at the city, county, state and even at the federal level.  The loud voices of people taking to the streets in support of civil rights spurred Nevada lawmakers to act.  There was a new level of consciousness in Carson City.  There was a recognition.  injustices that have been taking place in recent years and a calling to act.  

With these events in mind the legislature passed assembly bills 58, 115, 157, 207, and 327, aimed at combating discrimination by public officials based on race color religion sexual orientation or other discriminatory reasons. 

Civil rights

Assembly Bill 58: Assembly Bill 58 allows the Attorney General of the state of Nevada to investigate a “pattern and practice” of state and local agencies that are accused of discriminatory behavior.  The statute also goes on to protect any state officers or employees or local government officers from retaliation for reporting or disclosing a pattern or practice of conduct that is discriminatory.  The statute goes so far as to requiring the Attorney General’s office to cooperate with any investigation by the Department of Justice regarding anyone in the Attorney General ‘s office has engaged in a practice or pattern of depriving certain groups of people of their civil rights, privileges, and/or immunities. The statute provides for subpoena power of the Attorney General to compel the attendance of witnesses in the production of relevant evidence. If a witness refuses to cooperate or attend or testify that witness can be found in contempt and the appropriate sanctions can apply Including incarceration   

Effective October 1, 2021. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7311/Text 

Assembly Bill 115:   This bill allows for multi-parent adoptions without removing another parent from the birth certificate. The bill goes on to acknowledge the parental rights of same-sex parents, surrogates, and divorced parents.  Previous law in this area allowed for the adoption of a child by in adult or married couple by petition of the court. This bill provides, instead, that one or more adults may petition the court for adoption of a child.  The new law eliminates the marriage reference.  The basic purpose of the law is to conform to our changing society that more than two parents may have a legal relationship with a child.  

The law also contains the provision that upon petition, a statement must be filed with the court that there are no known signs that the child is currently experiencing victimization from human trafficking, exploitation, or abuse.  The sad and horrific human trafficking issue was of significant importance in the legislature of 2021 and is reflected in many different provisions and bills past that are aimed at increasing penalties for sex trafficking as well prevention.   

 Effective immediately.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7435/Text

Assembly Bill 157:  This bill 157 Gives people the right to file a civil lawsuit against someone who calls the police on them based solely upon their race, color, religion, or another discriminatory reason. This is another bill that arises out of events of the past two years of the many sad videos that have a appeared online and on YouTube showing racist or bigoted people calling the police on innocent citizens simply by reason of their race, color, religion, or national origin. It is sad that such a measure has to be passed into law, but protecting civil rights is the foundation of our nation and our State Legislature acted to protect Nevadans.

Effective October 1, 2021.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7501/Text

Assembly Bill 207: This bill 207 provides that businesses in Nevada that offer goods and services online through an Internet website, mobile app, or any electronica medium are considered to be places of public accommodation. The practicality of this bill has yet to be seen. I am uncertain as to how it can be enforced or how an Internet-based business does not, on its face, provide service to persons with disabilities.  It is likely that the representative who presented this bill encountered a situation or had constituents encounter a situation where they could not engage internet services because of their disability. Effective October 1, 2021.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7610/Text

Senate Bill 327: This bill amends the civil rights statute to include the prevention of discrimination based upon racially or ethnically distinctive traits such as hairstyles.  The bill expands the definition of race to include traits associated with race for purposes of discrimination within the state. The bill goes as far as to prohibit a dress code that requires students to wear uniforms that  discriminate against students based on race. The bill prohibits discrimination based upon traits associated with race for enrollment in charter schools, Universities or any institution of higher education in Nevada.

Assembly Bill 327 is a somewhat vast amendment to the existing statute to combat systemic racism in the hiring practices in cities and municipalities as well as in the schools. Section 8 of this bill requires that government agencies that require testing for employment or promotion must now use a third-party independent testing agency to administer such tests. In addition, the third-party agency conducting the test must send each employee who takes the test a confidential electronic mail message that contains the employees test score. The third-party must also send the employees test score to the employee and the governing body of the city or city officer at the same time. The governing body or city officer shall not produce a list of the employees who took the test ranked in order of their scores until after the third-party which conducted the test has sent each employee his or her test score. The employee who feels the testing process was not fair can appeal the score based upon how the test was graded, which questions were missed.  The statute goes on to really have some teeth by making a felony for any person who tampers with the test scores of employees. This is a substantial penalty and clearly is based upon a systemic institutionalized discriminatory practice of testing being administered by other city employees or graded in a discriminatory manner.

 Effective October 1, 2021.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7961/Text

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Part 2 Cannabis assembly Bill 341

The Nevada State Legislature met in Carson City early this year and worked hard to pass nearly 564 Bills in the 2021 session.  These Bills ranged from decriminalizing speeding tickets to expanding voting procedures.  This series of blogs will focus on all the changes made to Nevada laws in all areas, from banning specific types of weapons without serial numbers, to increasing taxes on the mining industry to help fund our education system in Nevada.  Even though the session just ended, the laws have made their way to the Governor’s desk and become effective once signed by the Governor.  The following Bills in these blogs have been signed by the Governor. 

This blog will focus on several new laws passed regarding Cannabis and several new procedural laws regarding personal data disclosure on the internet and the statute of limitations for child molestation victims to sue for civil damages.

Cannabis

Assembly Bill 341:   This Bill authorizes cannabis consumption lounges in Nevada. The Nevada legislature provide for two types of cannabis lounges in this legislation.  The first type of lounge allows an existing dispensary to add a place for a lounge area.  It is important to note that the law provided that only one lounge is allowed per license no matter how many locations a dispensary maintains. The second type of lounge permits independent businesses to build a consumption lounge with single-use cannabis products for sale.  This law can be found at Section1.Chapter   678A   of   NRS   and the amendments are as follows:   

                   . 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7877/Text

Nevada first legalized recreational marijuana dispensaries in 2017 in Nevada.  Since that time, many tourists have found that although they can purchase cannabis, they have nowhere to legally consume it because consumption has only been permitted at private residences.   It is not legal to use marijuana products inside casinos and hotels.  However, the hotel industry has found that tourists have resorted to consuming marijuana outdoors or in their hotel rooms.  This new law became effective on October 1, 2021. 

It has been six years since Nevadans voted in favor of legalizing recreational marijuana.  This new law allows for the consumption of recreational marijuana somewhere other than a private residence.  Gov. Steve Sisolak signed Assembly Bill 341  which allows for the development of “consumption lounges.”  It should be noted these lounges are alcohol-free but have a bar type atmosphere.  Patrons must be over the age of 21 and will be able to purchase and consume marijuana products.

These new lounges rapidly became operational and there is already a top ten list on YELP.   Nevada’s cannabis regulators say “there’s no hard cap” how many lounges will be licensed.  However, since owners of multiple dispensaries are only allowed to open one lounge, it is not likely they will be popping up in abundance.  Assemblyman Steve Yeager, D-Las Vegas, who sponsored the legislation stated, “I think this really solidifies us as the cannabis destination,” Businessman Christopher LaPorte, a hospitality specialist and cannabis consultant, was quoted as saying that “consumption lounges could attract younger visitors to Las Vegas, a market the city has long coveted.”

“Social-use lounges will allow us to not create a new Amsterdam, but a new Napa Valley,” which is famous for attracting wine aficionados, he said. “We’re going to turn cannabis into a hospitality industry. No one’s going to touch what Las Vegas does with this industry.” Christopher LaPorte

https://knpr.org/knpr/2021-06/newly-legal-marijuana-lounges-preparing-open-nevada
https://www.forbes.com/sites/willyakowicz/2021/06/11/cannabis-consumption-lounges-are-coming-to-las-vegas/?sh=8b3a1dc6efd5

Senate Bill 168: Allows for curbside pickup and changes labeling requirements for cannabis products. The new law is codified at NRS 678A.450. Existing law required that cannabis products “Are not labeled or marketed as candy” The new labeling requirements added are as follows:

  (h) Are labeled with: 

(1) The words “Keep out of reach of children”; 

(2) A list of all ingredients used in the cannabis product; 

(3) A list of all major food allergens in the cannabis product; and 

(4) Any other information the Board may require by regulation

2. A cannabis production facility shall not produce cannabis products in any form that:

 (a) Is or appears to be a lollipop. 

(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.

 (c) Is modeled after a brand of products primarily consumed by or marketed to children. 

 (d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola. 

3. A cannabis production facility shall: 

(a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent. . .. 

Civil procedure

Assembly Bill 296:  Allows people to sue for having sensitive or personal data publicly disseminated (also known as “doxxing”). Doxing (sometimes written as Doxxing) is a term that refers to the act of revealing identifying information about a person online, such as their real name, home address, workplace, phone, financial, and other personal information. The offender then circulates that information to the public without the victim’s permission. This law became effective July 1, 2021.  There is not a federal statue in effect that specifically refers to doxing although many federal acts such as the stalking laws and harassment statutes are covered by federal law.  Other states such as West Virginia and Oregon are considering anti-doxxing laws.  This new Nevada law “Establishes a civil cause of action for the dissemination of personal identifying information or sensitive information under certain circumstances.”  State legislator Rochelle Nguyen was quoted as saying the language of the bill “is narrowly tailored to those people that are inciting violence or mental anguish.”

https://apnews.com/article/las-vegas-bills-nevada-laws-57ab8fb255c2622c8b63829275ff6f45
https://legiscan.com/NV/drafts/AB296/2021

This Bill was spawned out of the violent acts that were a sad result of the extreme stress caused by the pandemic.  The head of Nevada’s unemployment agency states she was driven out of her job last June because of threats to her safety as a result of doxing.  Ms. Korbulic was “doxed” and as result her personal information was circulated online without her permission.  

Senate Bill 203: Eliminates the statute of limitations for a civil action to recover damages for childhood sexual abuse. This law was Effective immediately upon passage and effectively amends NRS 11.215 remove the previous statute of limitations of 20 years past the child’s 18th birthday effectively the age of 38.  

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7650/Text

This series will break down all of the new laws passed by the Nevada Legislature in 2021.  I hope that you will read our future blogs to be up to date and informed about these changes. At TheOneLawyer.com, we look forward to providing information that will help

 our clients stay safe and informed. Even more so, we look forward to continuing our long-standing tradition of representing every client on a personal, compassionate, and professional level. We strive to treat every client as though they are our only client. 

 At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

New Nevada Laws passed regarding Cannabis

The Nevada State Legislature met in Carson City early this year and worked hard to pass nearly 564 Bills in the 2021 session.  These Bills ranged from decriminalizing speeding tickets to expanding voting procedures.  This series of blogs will focus on all the changes made to Nevada laws in all areas, from banning specific types of weapons without serial numbers, to increasing taxes on the mining industry to help fund our education system in Nevada.  Even though the session just ended, the laws have made their way to the Governor’s desk and become effective once signed by the Governor.  The following Bills in these blogs have been signed by the Governor. 

This blog will focus on several new laws passed regarding Cannabis.

Cannabis

Assembly Bill 341:   This Bill authorizes cannabis consumption lounges in Nevada. The Nevada legislature provide for two types of cannabis lounges in this legislation.  The first type of lounge allows an existing dispensary to add a place for a lounge area.  It is important to note that the law provided that only one lounge is allowed per license no matter how many locations a dispensary maintains. The second type of lounge permits independent businesses to build a consumption lounge with single-use cannabis products for sale.  This law can be found at Section1.Chapter   678A   of   NRS   and the amendments are as follows:   

                   . 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7877/Text

Nevada first legalized recreational marijuana dispensaries in 2017 in Nevada.  Since that time, many tourists have found that although they can purchase cannabis, they have nowhere to legally consume it because consumption has only been permitted at private residences.   It is not legal to use marijuana products inside casinos and hotels.  However, the hotel industry has found that tourists have resorted to consuming marijuana outdoors or in their hotel rooms.  This new law became effective on October 1, 2021. 

It has been six years since Nevadans voted in favor of legalizing recreational marijuana.  This new law allows for the consumption of recreational marijuana somewhere other than a private residence.  Gov. Steve Sisolak signed Assembly Bill 341  which allows for the development of “consumption lounges.”  It should be noted these lounges are alcohol-free but have a bar type atmosphere.  Patrons must be over the age of 21 and will be able to purchase and consume marijuana products.

These new lounges rapidly became operational and there is already a top ten list on YELP.   Nevada’s cannabis regulators say “there’s no hard cap” how many lounges will be licensed.  However, since owners of multiple dispensaries are only allowed to open one lounge, it is not likely they will be popping up in abundance.  Assemblyman Steve Yeager, D-Las Vegas, who sponsored the legislation stated, “I think this really solidifies us as the cannabis destination,” Businessman Christopher LaPorte, a hospitality specialist and cannabis consultant, was quoted as saying that “consumption lounges could attract younger visitors to Las Vegas, a market the city has long coveted.”

“Social-use lounges will allow us to not create a new Amsterdam, but a new Napa Valley,” which is famous for attracting wine aficionados, he said. “We’re going to turn cannabis into a hospitality industry. No one’s going to touch what Las Vegas does with this industry.” Christopher LaPorte

https://knpr.org/knpr/2021-06/newly-legal-marijuana-lounges-preparing-open-nevada

https://www.forbes.com/sites/willyakowicz/2021/06/11/cannabis-consumption-lounges-are-coming-to-las-vegas/?sh=8b3a1dc6efd5

Senate Bill 168: Allows for curbside pickup and changes labeling requirements for cannabis products. The new law is codified at NRS 678A.450. Existing law required that cannabis products “Are not labeled or marketed as candy” The new labeling requirements added are as follows:

  (h) Are labeled with: 

(1) The words “Keep out of reach of children”; 

(2) A list of all ingredients used in the cannabis product; 

(3) A list of all major food allergens in the cannabis product; and 

(4) Any other information the Board may require by regulation

2. A cannabis production facility shall not produce cannabis products in any form that:

 (a) Is or appears to be a lollipop. 

(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.

 (c) Is modeled after a brand of products primarily consumed by or marketed to children. 

 (d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola. 

3. A cannabis production facility shall: 

(a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent. . .. 

Civil procedure

Assembly Bill 296:  Allows people to sue for having sensitive or personal data publicly disseminated (also known as “doxxing”). Doxing (sometimes written as Doxxing) is a term that refers to the act of revealing identifying information about a person online, such as their real name, home address, workplace, phone, financial, and other personal information. The offender then circulates that information to the public without the victim’s permission. This law became effective July 1, 2021.  There is not a federal statue in effect that specifically refers to doxing although many federal acts such as the stalking laws and harassment statutes are covered by federal law.  Other states such as West Virginia and Oregon are considering anti-doxxing laws.  This new Nevada law “Establishes a civil cause of action for the dissemination of personal identifying information or sensitive information under certain circumstances.”  State legislator Rochelle Nguyen was quoted as saying the language of the bill “is narrowly tailored to those people that are inciting violence or mental anguish.”

https://apnews.com/article/las-vegas-bills-nevada-laws-57ab8fb255c2622c8b63829275ff6f45

https://legiscan.com/NV/drafts/AB296/2021

This Bill was spawned out of the violent acts that were a sad result of the extreme stress caused by the pandemic.  The head of Nevada’s unemployment agency states she was driven out of her job last June because of threats to her safety as a result of doxing.  Ms. Korbulic was “doxed” and as result her personal information was circulated online without her permission.  

Senate Bill 203: Eliminates the statute of limitations for a civil action to recover damages for childhood sexual abuse. This law was Effective immediately upon passage and effectively amends NRS 11.215 remove the previous statute of limitations of 20 years past the child’s 18th birthday effectively the age of 38.  

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7650/Text

This series will break down all of the new laws passed by the Nevada Legislature in 2021.  I hope that you will read our future blogs to be up to date and informed about these changes. At TheOneLawyer.com, we look forward to providing information that will help

 our clients stay safe and informed. Even more so, we look forward to continuing our long-standing tradition of representing every client on a personal, compassionate, and professional level. We strive to treat every client as though they are our only client. 

 At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.