New law highlights

Tuesday, Sept. 27, 2005 | 10:02 a.m.

Here are the highlights of new Nevada laws going into effect Saturday. Many new laws became effective July 1, a month after the Legislature adjourned, but Lorne Malkiewich, director of the Legislative Counsel Bureau, said Oct. 1 was chosen to give more time for the more complicated laws to become effective.

Motorists

The age for getting a temporary driver's permit is raised from 15 1/2 to 16, and 16- and 17-year-olds are prohibited from driving passengers who are under 18 years old for the first three months after getting a license. Motorists are barred from possessing a mobile transmission device that can change traffic signals.

The state Transportation Department is allowed to establish lanes for car pools. Unlawful use of the designated lane is a $250 fine.

The minimum fine for parking in a handicapped space is raised from $100 to $250.

Once a person has been convicted of felony drunken driving, any subsequent violation will be a felony.

Taxes

The sales tax in Clark County will be raised one-quarter of one percent to pay for more police. The money will be distributed to the individual governments based on population.

County commissioners will be able to increase fees for filing suits by $5 to $15 to help finance legal aid programs and to offset the cost of arbitration.

The state Taxation Department will be able to refuse a new business license or renew an existing one if the company is delinquent in paying taxes. The department, assessors and county treasurers are required to provide more information to property taxpayers, including how the taxes are computed and the revenues they generate.

The department is now also required to develop regulations for the uniform appraisal and valuation of property. Until now, the commission was advisory only to the local assessor.

Meetings

Government meetings must be open when considering misconduct or professional competence of a chief executive or administrative officer including the president of a university or community college, a school district superintendent, county manager or city manager.

A government body that is holding a closed meeting to consider the character or misconduct of an employee must notify the worker and allow the worker and a lawyer to attend and present evidence. The employee can request the closed session be open.

The names of state legislators will now be disclosed when they request a bill be drafted before the opening of the Legislature. But information provided in registering for recreation activities at local government will be confidential.

Children

Smoking is prohibited in video arcades and in child care facilities that house five or more children. A child who is to be referred to a juvenile detention center must be screened for mental health or substance abuse problems. A child may not be admitted to a child care facility unless immunized.

Medical personnel must refer a new mother to a child welfare service agency for counseling if her child is affected by prenatal drugs or has withdrawal symptoms.

An adult is prohibited from leaving a child 7 years old or less in a car alone without supervision of at least a 12-year-old. The law applies if the conditions present a safety risk to the child, such as excessive heat, or if the engine is running or the keys are in the ignition.

A new crime category was created. It will be against the law for a person, who in the presence of a minor, uses, sells or manufactures drugs, other than marijuana. The penalty ranges from three years in prison to a life term if the child dies.

A law, set to expire this year, is extended to permit juvenile courts to send delinquents to the local morgue to learn the potential consequences of their actions.

Elections

The primary election date is switched from the first Tuesday in September to the 12th Tuesday before the general election. That moves the date in 2006 from Sept. 5 to Aug. 15.

Governments are required to set aside space in public buildings for people to gather signatures for petitions. If a person is denied access, the secretary of state can extend the deadline for gathering the situations. This law is the result of managers of some state and university buildings and the bus station in Reno denying access to those who were circulating petitions.

The secretary of state must maintain a Web site with information in elections, including the Voters Bill of Rights, the results of the election and campaign expense and contributions reports.

A polling place for an election must not be held in any building named for a candidate whose name appears on the ballot.

The law prohibiting a person from making a false statement about a candidate and question on the ballot is repealed. The law, labeled the Truth Squad, permitted a complaint to be filed with the state Ethics Commission. The ACLU and the Nevada Press Association sued and received a ruling from the federal court that the law was unconstitutional.

Miscellaneous

To be politically correct, the designation in the law has been changed from fireman to firefighter.