Tag Archives: New Nevada Laws

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.

New Nevada Laws Natural Resources passed in 2021 Part 2

In their 2021 session, our lawmakers in Carson City passed Bills governing all areas of the law even during the pandemic they were focused on the issues facing our State. Many of these laws focused on our public lands and natural resources here in Nevada. In fact, there were so many Bills passed in this area that this topic will be two blogs, and this is part two of two. Our legislature was busy addressing many issues regarding wildlife and endangered species on our state. From protecting trees to ancient burial grounds, from saving water to saving the public from wild animals, our legislature was hard at work tackling these issues. The following is one of two of a summary of the Bills regarding Natural Resources that were passed by our Nevada legislature during the 2021 session.

Natural resources (Part 2)

Assembly Bill 103: This bill changes the rules for digging on private land where a prehistoric Indian burial site is located. Permits will be issued for digging as long as it is not in areas of a property that contain a burial site. Which, practically, who would want to dig up a gravesite. However, for commercial business and utilities, it will take some research to determine if a known burial site exists on the property. This bill provides, instead, that such a permit is not required to engage in a lawful activity on such private lands if: (1) the activity is exclusively for purposes other than the excavation of a prehistoric Indian burial site; and (2) the activity occurs only on a portion of the private lands that does not contain the known prehistoric Indian burial site. Typical government verbiage is contained in this statue. Practically, it is likely unknown where many of these sites are located.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7404/Text

Effective October 1, 2021.

Assembly Bill 171: This bill protects Rocky Mountain junipers also known as swamp cedars in the Bahsahwahbee Traditional Cultural Property in White Pine County. Effective July 1, 2021. Section 1 of this bill declares that it is the policy of this State to protect the Spring Valley population of Rocky Mountain junipers, known as “swamp cedars,” that occur in White Pine County within the Bahsahwahbee Traditional Cultural Property. Sections 1 and 2 of this bill make it unlawful for any swamp cedar within that property to willfully or negligently be cut, destroyed, mutilated or removed without first obtaining a special permit from the State Forester Fire warden. Section 2 also revises the existing exemption for Indians native to Nevada who gather flora for certain reasons to remove the requirement that such Indians be “native to Nevada. “ And in case you are wondering, below is a Rocky Mountain Juniper:

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7529/Text

Assembly Bill 200: This is another bill drafted to address the needs of the pandemic and permits veterinary telemedicine. Veterinary telemedicine” means the use of medical information exchanged from one site to another via electronic communications regarding the health status of an animal or a group of animals and includes, without limitation, communication via telephone, video, a mobile application or an online platform on an Internet website.” Imagine your pet is feeling ill and you are in compromised health or quarantined. Your Vet can now see your pet virtually and speak with you to diagnosis and issue prescriptions for your pet.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7595/Text

Effective October 1, 2021.

Assembly Bill 356: This bill requires the Southern Nevada Water Authority to Develop a plan to identify and facilitate the removal of existing nonfunctional grass within the service area of the Southern Nevada Water Authority on property that is not zoned exclusively or a single-family residence. This means that the Southern Nevada Water Authority can now have policing authority to require businesses to remove unnecessary grass. Clearly this bill is aimed at combatting the severe drought facing our city. The plan must, without limitation:

(1) Establish phases for the removal of nonfunctional turf based on categories of water users; and
(2) Establish deadlines within the service area of the
Southern Nevada Water Authority for existing customers to remove nonfunctional turf on property that is not zoned exclusively for a single-family residence before December 31, 2026.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7910/Text

Effective immediately for purposes of implementation.

Senate Bill 52: Creates a program to award a dark sky designation to locations where stargazing isn’t affected by lights to localities, parks, reserves and other state entities. A dark-sky designation is an area, generally surrounding a park or observatory, that restricts artificial light pollution. The primary purpose of the dark-sky movement is generally to promote astronomy. It is often referred to in different terms and describes areas that national organizations have worked to have designated as “Dark Sky” areas. In fact, the International Dark-Sky Association (IDA) uses International Dark Sky Reserve (IDSR) and International Dark Sky Park (IDSP). A third designation, International Dark Sky Sanctuary, was introduced in 2015. This is an entire movement that I had never heard of, and many states have made “dark sky designations.” This is one of the reasons I enjoy writing blogs is to learn new things. I have never heard of “Dark Sky Designation” and there is actually an entire organization dedicated to this movement.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7230/Text

Sections effective May 10, 2021, October 1, 2021.

Senate Bill 344: This bill bars people from letting wild animals come into direct contact with others. I can note imagine that somewhere in our vast statutes that this was not already illegally. If you own a tiger, it cannot get loose. (this is where I need some emojis) Section 7 of this bill prohibits a person from allowing a dangerous wild animal, as defined in section 4 of this bill, to come in direct contact with a member of the public. “Dangerous wild animal” means any of the following live animals held in captivity:

1. All elephants from the genera Elephas and Loxodonta.
2. All species of aardwolves and hyenas.
3. All species of primates, except humans.
4. The following species from the family Canidae:
(a) Gray wolves (Canis lupus).
(b) Red wolves (Canis rufus) that have been bred in captivity.
5. The following species from the family Felidae: (a) Cheetahs (Acinonyx jubatus), including hybrids thereof.
(b) Clouded leopards (Neofelis nebulosa and Neofelis diardi),
including hybrids thereof. (c) Jaguars (Panthera onca), including hybrids thereof.
(d) Leopards (Panthera pardus), including hybrids thereof.
(e) Lions (Panthera leo), including hybrids thereof. (f) Mountain lions (Puma concolor) that have been bred in
captivity, including hybrids thereof.
(g) Snow leopards (Panthera uncia), including hybrids thereof.
(h) Tigers (Panthera tigris), including hybrids thereof.
6. The following species from the family Ursidae: (a) American black bears (Ursus americanus) that have been
bred in captivity.
(b) Asiatic black bears (Ursus thibetanus).
(c) Brown bears (Ursus arctos).
(d) Giant pandas (Ailuropoda melanoleuca).
(e) Polar bears (Ursus maritimus).
(f) Sloth bears (Melursus ursinus).
(g) Spectacled bears (Tremarctos ornatus), including hybrids thereof.
(h) Sun bears (Helarctos malayanus)

So, in short, keep your polar bear locked up!!!!

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7991/Text

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, 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, 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.

New Nevada Healthcare Laws 2021

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 healthcare. In fact, there were so many healthcare bills passed that this topic will be two blogs, and this is part one of two. Our legislature was busy addressing many inequities based upon race, immigration status and socio-economic position. They updated our Medicaid laws to provide expanded coverages to address these disparities. The Nevada legislature passed laws to require our Department of Health and Human Services to study maternal mortality rates in different demographic areas to determine the need for additional services. This study will allow our lawmakers to determine whether to laws passed expanding coverage for maternity regardless of residency and expanding coverage to allow for Doula services will cut down the maternal mortality rates impacting those communities.

They also addressed issues of drug overdose and passed into law a bill allowing school district personnel to administer life-saving opioid overdose drugs to students. It is shocking and sad that this bill is necessary. However, the fact that it is necessary, and our legislature was brave enough to step up and address the issue head on will hopefully save lives of students. This law is indicative of the progressive nature of our state. The legislature also addressed pandemic issues in allowing employees to take their sick leave to take care of family members. The following is part one of a summary of the healthcare bills that were passed by our Nevada legislature during the 2021 session.

Health and Health Care (Part 1 of 2)

Assembly Bill 59: Assembly bill 59 seemed to sneak in under the radar. I was quite surprised that there was not a lot of press or social media regarding the passage of this bill. This bill is our legislatures attempt to curb this shocking and distressing trend towards kids smoking and vaping. It is sad to see kids starting these activities at such a young age that are so bad for their long-term health. It is my hope that this bill possibly curbs this trend toward of kids under 21 using nicotine and tobacco products. This new law raises legal age to use or buy tobacco or nicotine products to 21, from 18. Various effective dates through July 1, 2021. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7312/Text

Assembly Bill 119: Existing law establishes a Maternal Mortality and Review Committee, and that committee has traditionally been required to perform studies and make recommendations to reduce maternal mortality. This bill increases the duties of the committee to identify and review disparities in the incidence of maternal mortality in the state including disparity by race and economic position. Basically, the legislature has asked the committee to review and include in their report whether there is race and economic issues that contribute to maternal mortality so that the state can address and hopefully remedy those disparities. This law revises the duties of the Maternal Mortality Review Committee to look at factors of race, ethnicity, age, and geographic region in mortality which were not previously considered. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7440/Text

Effective May 25, 2021.

Assembly Bill 177: Senate Bill 177 is another attempt to make our state inclusive of all races. This bill requires pharmacies to print prescription labels in different languages if requested by the patient. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7541/Text

Effective July 1, 2022.

Assembly Bill 187: This law Designates September as “Ovarian and Prostate Cancer Prevention and Awareness Month.” Assembly bill 187 specifically designates the month of September each year as the ovarian and prostate cancer prevention and awareness month in the state of Nevada. This law is put into place to bring attention to the factual information regarding the diagnosis and treatment of ovarian and prostate cancer. Hopefully , this recognition of these terrible cancers will make our citizens more aware of the early signs of these conditions to prevent death and encourage proactive health screenings.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7618/Text

Effective May 27, 2021.

Assembly Bill 189: Expands Medicaid coverage for pregnant women. Existing law requires the department of health and human services for State of Nevada to determine coverages under Medicaid for pregnancy. This bill requires the department to expand coverage under the state plan for Medicaid for pregnant women to provide Medicaid for pregnancy without submitting an application for enrollment and Medicaid which includes additional proof of eligibility. The bill also prohibits the imposition of the requirement that a pregnant woman who resides in the state and who is otherwise eligible for Medicaid must reside in the United States for a prescribed period of time before enrolling in Medicaid. This bill is to protect the health and safety of babies born in the state of Nevada by providing proper medical care for their mothers regardless of their residency status.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7577/Text

Effective July 1, 2022.

Assembly Bill 190: Assembly bill 189 is another Covid-based law that requires private employers to allow employees to use sick-leave to take care of a family member. This new law allows certain employees to use sick leave for any purpose, including to take care of an immediate family member with illness and/or medical needs. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7578/Text

Effective October 1, 2021.

Assembly Bill 191: Senate Bill 191 basically updates the Medicaid laws to recognize the treatment by physician’s assistants and nurse practitioners. Many of the existing laws refer to doctors; however, as we all know, we are seeing these medical providers much more frequently than medical doctors. This law allows coverage for physician’s assistants and nurse practitioners and other community health workers to be covered services under Medicaid. This law adds Medicaid coverage for services of different community health workers besides medical doctors. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7582/Text

Effective July 1, 2021.

Assembly Bill 192: This new law changes procedures and requirements for testing pregnant women for syphilis and other sexually transmitted diseases. The new law requires that physicians treating pregnant woman test for additional sexually transmitted diseases unless the pregnant women opt out of such tests. This law also removes the penalty for a woman who refuses treatment.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7583/Text

Effective July 1, 2021.

Assembly Bill 205: Bill 205 authorizes a school nurse or other designated school employee or administrator to administer medication to reverse an opioid drug overdose. Is a sad state of our country and schools that this is a necessary law. However, if any child can be saved by quick action by school personnel it is a much-needed law

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7583/Text

Various effective dates through July 1, 2021.

Assembly Bill 216: This bill adds Medicaid coverage for cognitive assessment and care planning for patients showing signs of impairment including memory loss. This bill provides that the director of Medicaid shall require that the state pay the non-federal share of expenditures incurred for patients receiving cognitive assessments and care planning services due to symptoms or signs of cognitive impairment including short term memory loss, orientation as to time in place, deductive or abstract reasoning or other cognitive impairments.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7583/Text

Effective July 1, 2021.

Assembly Bill 256: This bill requires state Medicaid to pay for Doula services for pregnant women. The law further requires that applicants seeking payment for Doula services must provide prove that they possess the require training and qualifications to perform such services that are prescribed by the department of health and human services. This law is another expansion of Medicaid coverage for services.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7720/Text

Effective January 1, 2022.

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 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.