The 1999 Legislative Session was historic. For the first time in our state's history, the Legislature was limited to 120 days pursuant to a voter-mandated amendment to the State Constitution. Despite this limit on the length of the session, the number of bills introduced actually surpassed the 1997 total by more than 8 percent. Of the 1,263 bills introduced, only 628, or about 50 percent, were passed by both houses. Four of these bills were vetoed by the governor.
With the new limit on the duration of the session came new rules that were intended to facilitate the completion of legislative business within the limited time frame. For example, unlike all past sessions, deadlines were imposed for the introduction of bills, completion of committee work, and passage of bills out of their house of origin. However, all rules must have exceptions, and so the leadership of both houses was granted a certain number of "emergency" bills that were not subject to the deadlines. Oh Â… and, of course, the appropriations or "money" bills were not subject to any of the rules except the final, 120-day deadline.
Overall, the new system received positive reviews from most observers and, in fact, saved the taxpayers more than $2.5 million. With some fine-tuning of the rules during the interim, including a further restriction on the number of bills that can be introduced, the 2001 session should be even more efficient.
The following overview is intended to provide a brief summary of some of the bills affecting the practice of law in Nevada. Although I have endeavored to be as comprehensive as possible, I have undoubtedly left out someone's practice area or someone else's favorite bill. So, with those caveats, here are the highlights.
The Courts And The Administration Of Justice
The 1999 Session saw many important bills relating to the administration of justice, especially with respect to the problem of increasing caseloads in certain parts of the state. AB 50 and AB 51 change the way our family courts operate, providing, inter alia, that the courts compile and submit certain statistical data to the Administrative Office of the Courts (AOC) to allow for a more comprehensive review of the efficiency of our family law court system. ACR 4 urges the family courts to coordinate all cases that concern the same parties, and to ensure that all litigants are directed to the appropriate state and local agencies providing social services if needed. AB 154 further requires that the family courts follow a "one family/one court" concept, and provides for an "offer of judgment" mechanism in family court proceedings. SB 401 increases the number of district judges in Clark County from 27 to 30, with the additional three judges dedicated to meeting Family Court needs. AB 38 authorizes a second District Court judge in the Fifth Judicial District (Esmeralda, Mineral, and Nye Counties). AJR 22 proposes to amend the State Constitution to provide for an intermediate appellate court. AB 86 requires that all new justices of the peace in certain parts of Clark County be licensed Nevada attorneys. SB 30 raises the jurisdictional limit of small claims cases from $3,500 to $5,000. ACR 2 encourages the Administrative Office of the Courts to improve the use of technology in the judicial system.
Alternative dispute resolution
AB 392 allows the parties to certain civil actions in District Court to agree to resolve the case by submitting the matter to a binding "short trial" proceeding. SB 315 requires the judge in a "de novo" jury trial following a court-annexed arbitration to inform the jury of the arbitrator's decision.
Criminal law
Under SB 11, a person may be charged with murder or manslaughter even if the victim does not die within one year of the act. AB 267 (aka "Sherrice Iverson/Good Samaritan" bill) provides that a person who knows or should know that a violent or sexual offense has been committed against a child, and does not report that offense to a law enforcement agency within 24 hours, is guilty of a misdemeanor. AB 71 makes "identity theft" a Category "B" felony. AB 53 increases the penalties for certain crimes committed on school grounds. SB 485 imposes penalties for various "hi-tech" crimes. AB 457 prohibits "aggressive driving." SB 481 expands the DUI laws to include controlled substances. AB 23 increases the minimum fines for first and second DUI offenses.
Domestic relations
AB 158 brings Nevada law in line with the Federal Adoption and Safe Families Act of 1997, and the Federal Child Abuse Prevention and Treatment Act of 1996. SB 232 requires the State Division of Child and Family Services to disclose certain information concerning a child to the prospective adoptive parents. SB 347 sets forth the factors that a court must consider in determining the suitability of a parent or guardian. AB 517 revises state law concerning the guardianship of adults. AB 436 addresses the rights of grandparents concerning the visitation of minor children. AB 456 prohibits a court from awarding custody or visitation rights to a parent who has been convicted of the murder of the other parent, with some exceptions. AB 617 addresses the penalties for failure to pay child support.
Civil practice
AB 287 revises the law governing eminent domain cases and, specifically, the procedure for determining the value of condemned property and the calculation of interest in such cases. ACR 46 directs the Legislative Commission to conduct an interim study on the statutory limitation on damages that may be awarded to a plaintiff in a suit against the state or a political subdivision. AB 25 continues the 1995 law that created the "screening panel" process for dental malpractice actions. SB 479 provides that certain findings by a screening panel in a malpractice case are not admissible in court. SB 32 makes a number of changes to the statutes governing construction defect litigation (see page 18 of this publication for more detail). AB 543 provides that the State of Nevada is the only governmental entity in the state that may sue a manufacturer or distributor of firearms for other than a breach of contract or warranty cause of action. AB 409 provides immunity from suit for certain emergency medical service providers.
Employment law
AB 311 makes it unlawful for certain employers to discriminate on account of an employee's or prospective employee's sexual orientation. (See page 12 et seq. for more detail on AB 311.)
Workers' compensation
SB 37 authorizes EICON to take the steps necessary to establish a domestic mutual insurance company for the purpose of competing in the new "three-way" system in Nevada beginning July 1, 1999. AB 334 allows an insurer to provide workers compensation coverage as part of a homeowner's policy for individuals engaged in household or domestic services.
Landlord-tenant law
AB 462 prohibits a landlord from demanding that a tenant pay collection fees, attorney's fees, or other "costs" not actually incurred when payment is submitted after the landlord has served a late notice.
Banking and financial institutions
SB 465 makes various changes to statutes governing trust companies, including authorizing a bank to maintain "stand-alone" trust offices in Nevada or other states. AB 64 creates a new NRS chapter intended to regulate mortgage companies.
Trademark/copyright law
SB 375 enhances the protection of trade secrets and other intellectual property.
Common-interest communities
SB 451 changes the statutes governing the management of certain types of homeowner's associations. The bill also establishes additional conditions for the commencement of a civil action on behalf of a homeowner's association.
Prisoners
SB 22 will require a court to deduct money owed for restitution from any money received by a prisoner from a civil suit against the state or a local governmental entity. SB 184 creates a new pilot program in which state inmates may participate in the existing drug court programs in Clark and Washoe Counties.
School law
AB 14 requires schools to notify parents before pupils are deemed habitual disciplinary problems under state law.
Tobacco litigation proceeds
SB 496, AB 474, and SB 370 collectively provide that money received by the state from the tobacco litigation settlement is to be used for the Millennium Scholarship Program, as well as for certain public health-care needs (see July 1999 issue, Nevada Lawyer).
Insurance law
AB 635 provides for the licensing and regulation of so-called "captive insurers" by the Commissioner of Insurance.
Water law
AB 380 establishes a special fund to handle the purchase of Truckee River water rights and is intended to facilitate the settlement of all pending litigation and administrative claims concerning these rights. SB 526 changes the way the provisions of the state water plan are construed.
Conclusion
Again, this brief summary is intended to highlight only those bills dealing with or affecting the practice of law in Nevada. For additional detail, including the actual language of the bills, committee minutes, bill histories, or effective dates, check out the Legislative Council Bureau's Web site at www.leg.state.nv.us or contact the author at 775-322-1170 or via e-mail at gbrower@asm.state.nv.us.