Nevada Concerned Citizens
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Legend: AB = Assembly Bill SB = Senate Bill
Quick Report from
the Legislature
By
Lucille Lusk
Carson City - June 1, 2005 We
are in the last days of the legislature now, and many issues
of concern have gone into "overtime". This is the stage
where the Senate and Assembly try to reconcile the
differences in the bills that both houses have passed in
different forms. There are dozens of these bills to be
resolved, many of which will go to a Conference Committee
where 3 Senators and 3 Assemblymen decide which version to
recommend -- or even write a whole new bill! There are
several bills where a previously defeated issue have been
inserted as a whole into an unrelated bill, creating an
entirely different issue with new dynamics, sometimes
routing a bill into a different committee track than the one
that previously handled the bill. It would require eyes in
the back of your head and in the sides of it too, to keep
any eye on everything. But our eyes are swiveling as fast
as they can!!
SOME KEY ISSUES STILL ALIVE & UP FOR
CONCURRENCE OR CONFERENCE COMMITTEE
(A conference
committee could accept the most recent version ("Reprint")
or a previous version, write a new bill, or refuse to agree
and kill the bill.)
AB 42 3rd Reprint
now contains two distinct issues:
a) Creates a
presumption that it is in the best interests of a child in
government custody to be placed with siblings. If
siblings are not placed together, the agency must have a
plan for visiting siblings, and the report to the court
must state what efforts have been made to place with
siblings, why not able to do so, and the visiting plan.
The court is authorized to enforce a legal obligation of a
government entity that is
responsible to provide care or treatment to a child who is
in need of protection.
(b) Requires child
welfare agencies to train employees regarding the legal
rights of parents/guardians, to prepare & distribute a
pamphlet to those accused of abuse or neglect, and to
inform them of the allegations made against them at the
time of initial contact by the agency. Pamphlet is to be
easy to read and include contact information for persons
and government entities that assist people who are
responsible for child welfare or who are being
investigated for alleged abuse or neglect.
NCC Position:
Support 3rd or 2nd Reprint.
AB 43 2nd Reprint
Outlines responsibilities of a foster care agency, the duty
of a foster parent to provide wise care and management, and
the opportunities a foster parent provides within
“reasonable time, place and manner restrictions” determined
by the foster parent. Much of this is already in law or
regulation. The Assembly version includes the same issues
but places them in terms of the rights of children in foster
care, with some reasonable time, place and manner
restrictions.
NCC Position: Prefer 2nd Reprint
but 1st Reprint is also okay.
AB 50 1st Reprint
now contains two issues:
a) AB 51 (see below) as
it was previously passed by the Assembly. While providing
a mechanism to enforce a postadoptive contact agreement,
it will prevent unwarranted court challenges and eliminate
the possibility of a birth parent using the court to
create a custody/visitation battle after an adoption is
finalized. Protects the essential right of adoptive
parents to make decisions they believe are best for their
children. It does not require or pressure any agency to
utilize postadoptive contact agreements, thus preserving
all adoption options.
b) The rest of the bill
requires adoptive parents to provide a name and address
where the State Register for Adoptions may send medical
information that is provided voluntarily by birth parents.
The contact information could be the adoptive parents'
address or a third party who would act as an intermediary
to forward the information. The contact information is
confidential. When an adoptee reaches the age of 18 he may
submit his own contact information if he wishes. The
medical information is to be provided only in a form that
does not identify or lead to the identification of the
natural parent. Provides a way to share medical history
and still maintain confidentiality for both the adoptive
family and the birth parent(s).
NCC Position:
Support.
AB 51 2nd Reprint
Now contains two distinct issues:
(a) While providing a
mechanism to enforce a postadoptive contact agreement, it
will prevent unwarranted court challenges and eliminate
the possibility of a birth parent using the court to
create a custody/visitation battle after an adoption is
finalized. Protects the essential right of adoptive
parents to make decisions they believe are best for their
children. It does not require or pressure any agency to
utilize postadoptive contact agreements, thus preserving
all adoption options.
(b) Strengthens
preference for joint custody in divorce cases.
NCC Position:
Support 1st Reprint. We have had no involvement
in the joint custody issue.
AB 143 2nd Reprint
Strengthens procedures required before eminent domain can be
used to take property for a redevelopment project, and
increases from one to four the number of factors that must
be found to determine that an area is "blighted." Procedures
for the use of eminent domain for open spaces over 40 acres
include 24 months of negotiation in good faith to purchase
the property, specify that water rights can only be for the
open space use, and that it must remain as open space in
perpetuity.
NCC Position: Support 2nd or 1st Reprint.
AB 168 1st Reprint
Gives the State Board of Education discretion to approve or
deny charter school applications, with specified written
notices and timelines to assure that a charter school will
have opportunity to correct defects in order to qualify for
approval. Also requires the State Superintendent to report
to each session of the legislature on the status of charter
school applications. NCC
Position: Support 1st Reprint.
AB 180 3rd Reprint
Some changes which increase flexibility for charter schools.
Allows charters to hire K-8 certified teachers in grades K-8
(instead of subject matter teachers in grades 7-8). Allows
an administrator endorsement on a master’s degree to qualify
for a charter school administrator. Reduces teacher leave
from public school for charter from 6 to 3 years. Charters
may apply directly to State Board of Education without being
first denied by local school board. Gives State Board of
Education discretion to approve or deny charter school
applications. In counties over 100,000, requires charter to
enroll pupils from within sponsoring district before
accepting from outside district.
NCC Position: Support 2nd or 3rd Reprint.
AB 185 3rd Reprint
Requires initiative or referendum petition to be one subject
and matters necessarily connected & pertaining to it, if
they are functionally related & germane. Requires a 200-word
description of the effect of the petition, which must appear
on each signature page. A fiscal note is to be prepared by
the LCB Fiscal Analysis Division. Requires the Secretary of
State to place a copy of the petition and the fiscal note on
the website. Any court challenge to the description must be
made within 30 days after a petition is initially filed, and
a challenge to the legal sufficiency of the petition must be
filed within 7 working days after the Secretary of State
certifies it as sufficient. NCC
Position: Support 3rd Reprint.
AB 315 2nd
Reprint Requires new
vehicle manufacturer to disclose in owner’s manual if
vehicle is equipped with event recording device and a
description of the data the device(s) record. Prohibits
anyone other than registered owner from downloading this
data except as specified; exceptions include with owners
permission, for repair, research in a non-identifying
manner, or by court order. NCC
Position: Support 2nd or 1st Reprint.
AB 348 2nd
Reprint Prohibits possession of a device that interferes
with traffic control signals, except for emergency vehicles
& government officers acting within the scope of their
duties. It allows for seizure of device, or if the device
cannot be removed from the vehicle it allows seizure of the
vehicle, which can be reclaimed by paying the cost of towing
& impoundment. Prohibits selling these devices except to law
enforcement, emergency responder, mass transit.
NCC Position: Support 2nd or 1st
Reprint.
AB 415 2nd Reprint
Requires legislator’s name to be listed with each bill draft
requested. Legislator may pick up bill drafts from
non-returning legislator and become the bill sponsor, and
his name will be listed with them as well.
NCC Position: Support 2nd Reprint.
AB 455 2nd
Reprint Authorizes Secretary of State or a court to add
1 day to petition signature gathering for each 1 day lost
due to obstruction of access at government building, to a
maximum of 5 days. Candidate for partisan office in major
party cannot change party after Dec. 31 preceding election
year. Primary election Tues of 12th week before General.
Date for distributing absent ballots adjusted. If a person
who assists with a mail-in voter registration form retains
the form for delivery to the clerk's office, he must sign
the receipt & give it to the voter. Requires voting machines
only to be HAVA compliant. NCC
Position: Support 2nd Reprint only. Earlier
versions had many problems that are resolved in this
version.
AB 497 3rd
Reprint The Secretary of State is to determine at the
beginning the number of signatures required to qualify a
petition, and inform the petitioner. All petitions are to be
voted on at a general election (instead of a low-turnout
primary or special election). Reduces time for gathering
signatures from 180 to 150 days, or 145 days before the
election, whichever earlier. A person can sign a petition on
same day they complete a mail-in registration, if the form
is mailed or delivered within 3 days. Specifies time limits
for court challenges. In some counties & cities, if the
board or council fails to appoint a committee to write
sample ballot arguments, the clerk and the District Attorney
or City Attorney are to write the arguments, but not the
rebuttals. NCC Position:
Support 3rd Reprint only, though still concerned that
the total time for gathering signatures is being reduced by
30 days.
AB 546 3rd
Reprint now contains two distinct issues:
(a) Repeals
requirement for Ethics Commission to monitor the accuracy
of campaign rhetoric (the court has ruled this "truth
squad" function to be unconstitutional).
(b) Requires that
a legislator who is public officer or employee must take
an unpaid leave of absence during the legislative session.
NCC Position: Support 3rd or 2nd Reprint.
AB 550 3rd
Reprint now contains two distinct issues:
(a) Provisions related
to liquor and controlled substances.
(b) Pilot projects to
institute unmanned traffic cameras for traffic
enforcement.
NCC Position:
Oppose 3rd Reprint. No position on the underlying
bill, but oppose the added provisions of unmanned
traffic enforcement.
AJR 5 2nd
Reprint Requires that signatures for a statewide
petition be gathered from each of the congressional
districts. Requires the Secretary of State to determine up
front the number of signatures that will be required to
qualify a petition, based on 10% of the number who voted in
the previous general election.
NCC Position: Support 2nd Reprint only.
Strongly oppose earlier versions.
SB 150 2nd
Reprint Repeals the provision prohibiting a false or
fraudulent complaint against a peace officer, and creates a
misdemeanor to deliberately report that a felony or
misdemeanor has been committed, knowing it to be false, and
it causes a law enforcement agency to conduct a criminal or
internal investigation. NCC
Position: Support 2nd Reprint only.
SB 163 2nd
Reprint The latest amendment would force a pharmacist to
fill every prescription even if it violates their deeply
held beliefs. The penalty at the second instance is a
$10,000 fine and loss of license to practice.
NCC Position: Oppose 2nd Reprint.
No position on the underlying bill, but strongly
oppose the added provisions.
SB 224 2nd
Reprint Though better than the previous versions, this
bill still contains a very confusing description of a Ballot
Measure Committee. Although an effort was made to exclude
individual citizen participants, it appears to still sweep
in persons who merely circulate petitions if they are
cooperating with anyone else at all or if they donate a few
dollars to a petition effort. If people have to file with
the Secretary of State before circulating a petition, and
have to file financial disclosures and reports, they simply
won't do it, and that will spell the end of citizen
petitioning. There are still other concerns in this bill
also. NCC Position:
Oppose original and all existing Reprints and seek a
resolution in conference committee if one is convened.
SB 287 2nd
Reprint creates a misdemeanor offense to knowingly and
intentionally leave a child under age 8 in a car if there is
a significant health or safety risk or the keys are in the
ignition, unless supervised and within sight of
someone who is a least age 12. The court can suspend or
dismiss the charge if an educational program is completed.
This bill does not apply in any case where the more severe
charge of child endangerment, abuse or neglect would be an
appropriate charge. In addition, the bill authorizes a law
enforcement officer or emergency services provider to use
any reasonable means to remove a child who is left alone in
a vehicle, without civil liability.
NCC Position: Support 2nd Reprint.
SB 296 3rd
Reprint Specifies that child may be in need of
protection if affected by illegal substance abuse or alcohol
abuse or has withdrawal symptoms from prenatal exposure and
extends reporting requirements to cover this. This bill is
not to be construed to require criminal prosecution of the
mother. NCC Position:
Support 3rd or 2nd Reprint.
SB 326 2nd
Reprint A redevelopment
agency may only exercise eminent domain if “blight” exists
for 2/3 of the properties identified to be acquired. If a
business is taken, the owner must be compensated not only
for the property but also for the loss of goodwill. If
property is not used within 15 years for the public purpose
for which it was acquired, the previous owner or his
successor must be given the right of first refusal to buy
back the property at a price not to exceed the proportional
value that the government entity paid for the property.
Procedures for the use of eminent domain for open spaces
over 40 acres include 24 months of negotiation in good faith
to purchase the property, specify that water rights can only
be for the open space use, and that it must remain as open
space for at least 50 years.
NCC Position: Support 2nd Reprint.
SB 338 2nd Reprint
Latest amendment added a requirement that businesses
disclose the name and address of every person who holds a
1% ownership interest in the business every time they do
any form of business with government. Also, if a business
contributes more than $100 to a candidate, the name and
address of every person who holds a 1% ownership interest in
the business must be included on the candidate's
contribution report. This includes any in-state or
out-of-state business, profit or nonprofit.
NCC Position: Oppose 2nd Reprint. No
position on the underlying bill, but oppose the above
added provisions. How much useless paperwork will
this generate?
SB 445 1st Reprint
Latest amendment turned this into another "felon's rights"
bill. We oppose the following provisions:
* A felon who has had
his right to vote restored in any manner must not be
required to present a document to verify his right to
vote. This would leave election officials with no
effective method for determining which ex-felons have the
right to vote and which do not, so it would likely become
a de facto automatic restoration of voting rights to all
felons.
*A felon
dishonorably discharged is released from all
obligations except civil liability for unpaid restitution.
The victim gets nothing unless he sues, at what cost?
* Until July 1, 2008,
except for specific violations, a felon who was
dishonorably discharged may apply to have his
discharge changed to an honorable discharge and to be
treated the same as if honorably discharged originally.
If dishonorably discharged because of failure to pay
restitution, he must have made or be making a good faith
effort to pay the restitution. Restoration of rights
should not begin until restitution and all other
obligations reflected by a dishonorable discharge are
satisfied. The debt to the victim and to society have not
been paid until that has been done.
NCC Position:
Oppose 1st Reprint. No position on underlying Parole &
Probation bill, but oppose these added provisions.
If you want to have a say on
any of these bills, let your representative know. You
can reach them as shown below.
Legislative website -
www.leg.state.nv.us
Register your opinion on a bill: Click on "What's Your
Opinion?" (Include brief comments if you wish.)
Find out who your representatives
are: Click on "Who's my Legislator?"
Read the text of a bill: Click on
Session Info, 2005 Session, Bill Information, History of
Specific Legislation
Phone Messages - Carson
684-6879; L.V. 486-2626; Toll-free 800-978-2878,
800-995-9080, or 800-992-0973
