WASHOE COUNTY SCHOOL POLICE OFFICERS ASSOCIATION
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After four months, as usual, it all came down to the last few hours of the 80th Legislative session.  Here is a brief synopsis of what took place.  The Nevada Law Enforcement Coalition worked hard and it turned out to be a successful session.  The Coalition tracked nearly 80 Bills and worked with PFFN (fire fighters) to accomplish many goals set in motion years ago. 

The July PORAN newsletter will have more detailed information.  It will be sent in mid-July.  This will also allow time for the Governor’s responses to take place.  The Bills listed below are those affecting Association or Labor rights.  Those reforms or new laws are not listed…

AB75

This Bill would have created a hybrid plan for PERS.  It would have used monies from both the employer and employee and created a combination Defined Contribution/Defined Benefit plan.  This did not make it out of committee.

AB102

This Bill enhanced the penalty for families of first responders.  In the event of an arrest if an individual was to harm or attempt to harm the family of a first responder, the penalty would be greatly enhanced. 

AB260

This Bill gives the members a Peer Support employee group confidentiality.  This essentially gives them the ability to assist one’s peers without having to divulge information during an ensuing investigation.  The members would have similar rights to those on an Assemblyman Board.

AB415

This PERS Bill that was attempting to allow for adjustments to the Contribution Rate.  It did make it out of committee. 

AB443

This is the More Cops Bill.  This allows for municipalities to raise property taxes, after a public vote, to hire more police officers and fire fighters. 

AB492

This Bill is regarding PTSD.  This allows for PTSD to be covered under Worker’s Compensation.  The language has been change to protect those who may need it most.  WC used to cover a single incident type of claim.  It now will include the chronic.  Too many times we see changes develop over time in our peers.  These are now included.  It was designed to protect police, fire and state workers in regards to stress management.  All groups may see added training on this topic.

SB27

This was another PERS B that would have made PNVPERS a Deferred Compensation program. We successfully lobbied it away.

SB83

Yet another PERS Bill that would have given the State Controller control of the PERS Board. It was presented prior to the 2018 election by the State Controller.  Unfortunately for him, not us, he lost.  He had numerous Bills that lost just as he did.  After he lost, his Bills never saw the light of day.

SB111

This Bill reduces the amount local Government monies that can be excluded from the Collective Bargaining process.  This was some work that has been left on our plate from both the 2015 and 2017 sessions.  The “Ending Fund Balance” of a government employer in 2015 was 8.3% of the overall budget.  This covered basically one month.  It was raised to 25% in 2017 after much conversation and deliberation.  This Bill resets that number to 16.67%.  Washoe County is really the only one close anyway.

SB135

This is the Bill that gives State Employees Collective Bargaining. It really is just the beginning and the state still has a lot of work to do.  Too many possibilities to list, but it is definitely a start.

SB 153

This was a very important Bill repealing part of what Randy Kirner and Mike Roberson did in 2015.  Essentially, it has re-instated anything in a Collective Bargaining Agreement that took place prior to June 30, 2015.  Any item negotiated at that time is considered bargained in good faith and shall remain.  Mostly, the affect has been on Association leave time an leave balances.  The Bill additionally addresses “Evergreen clauses.”  This means if a group has not reached an agreement in the bargaining process by the expiration of the old contract, the old contract will stay in effect until a successor agreement can be reached.  Reference SB241 in 2015

SB158

This Collective Bargaining Bill defines what is a Supervisor.  In August of 2018, the EMRB ruled a Supervisor is defined as any person who meets one of the 13 criteria listed in NRS.  This law will define exactly what a Supervisor is.  As the law was written, anyone able to create evaluations was a Supervisor (among others).  This would include FTO’s and Corporals.  This law protects those in these rolls and allows them access to the bargaining unit.  No word yet on how it will affect the recent EMRB decision.

SB215

This was a tough fought Cancer Bill.  It adds ovarian, breast, uterine cancer specifically. It also adds different Carcinogens to list.  This was a big deal as we never gained any traction in this avenue before.  This fought was led by PFFN (Fire) and they worked very closely with the Coalition. 

SB224
PERS 
privacy bill just has your name and amount you make. Now they can’t get your BD,SS, Beneficiary information (Big One)

SB242
...is our Peace officers bill of rights- a big one!




The Governor now has 10 days to sign, veto or ignore. If he doesn’t veto or sign, the bill becomes law. Ill send out a more detailed one latAB 16
-          NRS 179.075                                                               Oct. 1
o   Warrant for biological collection.  Executed and returned within 6 months.
_____
AB 17
-          NRS 178.502                                                               Oct. 1
o   Exoneration of bail  Grants court power to delay under certain conditions.
_____
AB 19
-          NRS 33.060/.065/.085/.100                                 Oct . 1
o   TPO/EPO  Change notice
·         After due diligence by law enforcement to serve
o   Can leave notice of tpo  With conditions  Court can order EPO up to 2 years    
1st offense – misdo
2nd offense – gross
  Two or more offenses – felony
  Each violation can be charged separately
_____
AB 86
-          NRS 332                                                                        July 1
o   Change the way government can make purchases.
_____
AB 102
-          NRS 193                                                                       Oct. 1
o   Enhances criminal penalty for certain crimes committed against family members of first responders.
  Additional penalty on top of crime up to 20 years.
_____
AB 107
-          Ch. 171                                                                         Oct. 1
o   Law enforcement to create policies and procedures for electric recording of custodial interrogations.
_____
AB 110
-          Ch.  484                                                                        Oct. 1
o   Changes to traffic tickets.
  Can plea by mail, email, over internet.
·         System to be created
  Cannot use if charged with:
·         Aggressive driving, reckless, vehicular manslaughter, DUI.
o   Traffic Citation Design
  Top
·         State purpose of citation and actions to be taken by whom.
·         Time, when, and location to appear in court.
·         And clearly state in BOLD consequences for fail to appear.
o   Police can request email and cell phone #.
o   No warrants for failure to appear on parking violations.
_____
AB 120
-          NRS 201.300                                                               Oct. 1
o   Sex trafficking
  Adds new language
·         Receives anything of value with specific intent of facilitating a violation.
_____
AB 129
-          NRS 450B.160                                                             Oct. 1
o   Police must receive training.
  Concerning identifying and interpreting with persons with developmental disabilities.
_____
AB 134
-          NRS 49.2545                                                                July 1
o   Victim advocate privilege communication extends to university and tribal organizations.
_____
AB 142
-          Ch. 171                                                                         July 1
o   Removes statute of limitations.
  Sexual assault discovered through biological samples.
_____
AB 151
-          Title 38 new chapter                                               Oct. 1
o   Creates new category for child exploitation
  Commercial sexual exploitation.
·         Sex trafficking of a child for finical benefit of any person or in exchange for anything of value, including monetary or nonmonetary benefits.
_____
AB 154
-          NRS 647.120                                                                July 1
o   Secondhand dealer reporting.
  Adds non-reporting for video recordings to list of books, periodicals, and sound recordings.
_____
AB 166
-          Ch. 201                                                                         June 5, 2019
o   Changes to prostitution.
  Person who owns, leases, operates, controls or manages any business or private property.
·         Knows or should know.
·         Fails to abate within 30 days of notice.
·         Guilty of advancing prostitution – felony.
_____
AB 176
-          Title 14 new chapter                               parts July 1 through 2021
o   Sexual Assault Survivors’ Bill of Rights.
§  Rights apply when
·         Forensic medical examination.
·         Interview by law enforcement or prosecutor.
  Right to have a sexual assault victims advocate present.
o   Please read act. Very detailed on what law enforcement must comply with.
_____
AB 189
-          Ch. 179                                                                         Oct. 1
o   Search of person pursuant to a warrant.
  No body cavity search unless warrant contains specific authorization.
_____
AB 192
-          Ch. 179                                                                         July 1
o   Decriminalization of an offense.
  Person convicted of an offense before date of decriminalization.       
·         Written request to court to have it sealed.
·         Prosecutor allowed to object before record is sealed.
_____
AB 195
-          NRS 205.606                                                               Oct. 1
o   Crime to use a scanning device upon a machine
  Install or affix
·         Credit card scanners
_____
AB 201
-          NRS 484B.653                                                             Oct. 1
o   Adds trick driving and facilitating.
  Gross misdo to do trick driving
  Misdo to facilitate
  Means using a vehicle to perform tricks, stunts or other maneuvers on public highway upon which traffic has been impeded or blocked and its filmed or recorded.
_____
AB 422
-          NRS 178.494/50.205                                                 July 1
o   Changes the way the court reviews the way a material witness is detained and how detention should continue.
o   Changes the way a witness of domestic violence or sexual assault may be detained and how that detention is reviewed by the court. 
_____
AB 236
-          Crime reform bill – 160 pages                            July 1, 2020
o   Lots of impact to the courts and sentencing.
o   Changes to burglary
  NRS 205.060
·         Still a felony
o   Changes levels of felony
·         Breaks up definition
o   Dwelling
o   Business Structures
o   Motor Vehicle
o   Structure other then dwelling
o   All misdo values for theft
  Changed from $650 to $1200
  i.e. Petit Larceny
o   Changes to Parole Board
o   Changes Victim Definition
  A person who suffers direct or threatened physical, financial or psychological harm as a result of the commission of a crime.
o   Changes exploitation of older person to include vulnerable person .
o   Controlled Substances Offenses
  Still a felony
·         Different levels of felony and probation can be granted
  NRS 453.3385
·         100 grams or more but less than 400 grams
o   Low level trafficking
·         400 grams or more
o   High level trafficking
_____
AB 291
-          Gun Bill                                                                         Jan. 1, 2020
o   NRS 202.300
  Adds negligently stores or leaves firearm where there is a risk to child.
·         Midso.
o   NRS 202.257
  Possession of firearm while impaired.
·         Lowered it from .10 to .08.
o   Defines machine gun and semiautomatic firearm.
o   Felony to sell, import, manufacture, transfer, receive or posses
  Alter rate of fire.
·         “Bump stock”
o   Law enforcement officer can petition court for protective order.
  To remove guns from person or prevent purchase.
  Probable cause to believe a person poses a risk of causing injury to self or others.
_____
AB 307
-          Ch. 179                                                                         July 1
o   Victims of crime can petition for certain temporary federal immigration benefits.
  Law enforcement requirements for certifying documents.
_____
AB 356
-          Ch. 34                                                                            July 1
o   Creates procedures on how to petition court on newly discovered evidence.
_____
AB 362
-          NRS 247.540                                                                May 25, 2019
o   Adds social worker and child protective services to allow them to have their information confidential.l
  i.e. police officer home address. 
_____
AB 403
-          NRS 484B                                                                     July 1
o   Expands language of “on a highway or premises to which the public has access” to other traffic violations.
   Elude police
  Reckless
  Speed Contest
  Vehicular Manslaughter
  ROW to Pedestrians and bicycles if accident
o   Public has access includes but not limited to
  Parking lots
§  Parking garages
§  Roads or ways that provide access to
·         Places of business
·         Apartment buildings
·         Mobile home parks
·         Gated residential communities
_____
AB 416
-          Ch. 176                                                                         Oct. 1
o   Sets forth conditions on how the court can collect traffic fines.
_____
AB 417
-          NRS 179A.103                                                             June 3, 2019
o   Revised provisions governing the dissemination of certain records of criminal history to certain persons by the Central Repository.
_____
AB 434
-          Ch. 484A                                                                      Oct. 1
o   Changes the way the court can impose and collect traffic fines.   
o   No more warrants for failing to pay fines on traffic offenses except for:
§  Reckless, Vehicular Manslaughter, DUI.
o   Court has discretion to reduce moving violation to non-moving.
 
 
 
_____
AB 485
-          Ch. 482                                                                         June 3, 2019
o   Defines “Electric Scooter”.  
  Handle bars and electric motor.
  Ridden upright or seated.
  Weighs less than 100 pounds without the rider.
  Max speed of 20mph.
o   City will determine where, how, speed, parking and other operations by ordinance.
_____
ACR 7
-          Directs Legislative Commission to appoint a committee to conduct an interim study of issues relating to DUI MJ.                       
_____
SB 80
-          Ch. 388                                                                         Jan. 1, 2020
o   Handle with Care Program
  Enable law enforcement officer or agency to notify the program when a child who may attend a public school is exposed to traumatic event or other event that may affect his or her ability to succeed at school.
  Procedure will be established by the Program.
_____
SB 97
-          Ch. 193                                                                         July 1
o   Changes to state of passion defense
  Discovery of, knowledge about or potential disclosure of the actual or perceived sexual orientation or gender identity or expression of victim cannot be used as a defense.
____
SB 137
-          NRS 200.380                                                               Oct. 1
o   Cleans up the definition of Robbery, but not the elements.
_____
SB 143
-          Ch. 202                                                                         Jan. 2, 2020
o   Background checks for sale or transfer of firearms.
  Including private sales.
_____
SB 182
-          Ch. 289                                                                         July 1
o   Tribal police will be category 1 peace officers.
  Limited jurisdiction to their boundaries unless Sheriff of county gives them authority to act within the County/City.
_____
SB 218
-          NRS 125.560                                                               July 1
o   EPO for Domestic Violence.
  1st offense – Misdo.
  2nd offense – Gross.
  2 or more offenses – Felony.
_____
SB 242
-          Ch. 289                                                                         July 1
o   If police officer is suspended for criminal prosecution without pay.
  Entitled to back pay if:
·         Charges dismissed
·         Found not guilty, or
·         Not subject to punitive action.
o   If officer request representation while being questioned by superior officer that could result in punitive action the questioning must stop until representation is present.
o   Other law enforcement officer rights explained in the law. 
_____
SB 252
-          Ch. 209                                                                         July 1
o   Authorizes residential confinement or other appropriate supervision of certain older offenders.
 ____
SB 383
-          Ch. 201                                                                         July 1
o   Police officer cannot have any type of sexual conduct with a person who is in custody.
  Consent is not a defense.
_____
SB 408
-          Ch. 484B                                                                      July 1
o   Defines mobile carrying device.
  Intended to transport personal property on sidewalks and crosswalks.
  Less than 90 ponds.
  Max speed 12.5mph.
·         These are those robot delivery machines that will bring you food and other stuff.
  Has the same rights and duties as a pedestrian.
·         Not a misdo.
·         Not a traffic violation.
·         Only civil fine of $250 to operator.
  City to regulate through ordinance.
o   Redraft for Pedestrian laws.    
  Walk or don’t walk language now includes symbols.
·         Must complete crossing before countdown hits zero.
  Allows traffic to proceed once pedestrian is passed that halfway mark in the roadway.
____
SB 428
-          Ch. 484B                                                                      Oct. 1
o   Electric vehicle parking .
  Cannot park car in these spots unless actually charging.
  Non-moving violation.
_____
SB 431
-          NRS 205.08345                                                           Oct. 1
o   Changes to organized retail theft.
  Person who knowingly participates directly or indirectly in or engages in conduct with intent to further…
  Changes period from 90 to 120 days.
  Includes the use of the internet.
 
_____
SB 486
-          NRS 484A.620                                                             Oct. 1
o   Changes the language of when a person refuses to sign traffic citation and officer hands it to the person for notice, but did not change the process.
  Took the term accepts out of the law and replaced it with physically receives copy.

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