2023 Nevada Legislative Update

The 82nd Session of the Nevada Legislature began on February 6, 2023, and adjourned on June 6, 2023. Many of the bills before the Legislature this Session garnered substantial media attention. Chief among these were bills proposing film industry tax credits, increases to teacher salaries, and transplantation of the Oakland A’s to Las Vegas with construction of a new stadium in place of the former Tropicana casino on the Las Vegas strip.

Meanwhile, other notable bills created new laws in Nevada, amended existing law, or failed to reach a final vote, but did not attract substantial coverage among Nevada news outlets. This space comments on several such bills found interesting to the author, but is in no way an exhaustive list of updates to Nevada law. Full resources for the 82nd Legislative Session of the Nevada Legislature are available at:  https://www.leg.state.nv.us/App/NELIS/REL/82nd2023

  1. Unlawful Installation of a Mobile Tracking Device – Criminalized

A.B. 356 criminalizes the installation of a mobile tracking device if the installer knowingly installs, conceals or otherwise places a mobile tracking device in or on the motor vehicle of another person without the knowledge and consent of an owner or lessor of the motor vehicle. The bill provides that the first violation is a misdemeanor, the second offense is a gross misdemeanor, and third and subsequent offenses are category C felonies. This law took effect on July 1, 2023. Logically, the bill contains a carve-out where a mobile tracking device is installed by law enforcement.

  1. Damages Cap in Medical Malpractice Cases – Increased

Under past Nevada law, noneconomic damages in medical malpractice actions were limited to $350,000.00. A.B. 404 amends existing law to increase the noneconomic damages cap in medical malpractice actions by $80,000 every year for five years, starting on January 1, 2024. Beginning in 2028, the noneconomic damages cap increases at the rate of 2.1 percent per year, beginning on January 1, 2029.

A.B. 404 also extended the statute of limitations period for medical malpractice actions, and eliminates the former tiered fee structure for contingent attorney’s fees in medical malpractice actions.

  1. Proposed Constitutional Right to Clean Air and Water – Not Passed

A.J.R. 3 proposed an amendment to the Nevada Constitution to create a constitutional right to clean air and water, healthy ecosystems, a stable climate, and preservation of the environment. However, A.J.R. 3 ultimately failed to leave committee prior to adjournment of the Legislature, and ultimately did not pass.

  1. Entrance Fee to State Parks and Recreation Areas – Free to Native Americans and Veterans

A.B. 84 directs the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to establish a program for the issuance of an annual  permit,  free  of  charge,  to  enter  each  state  park  and state recreation area to any member of an Indian tribe of this State and State residents who have been discharged  from  the  Armed  Forces  of  the  United  States,  except a person who has been dishonorably discharged. A.B. 84 became effective on July 1, 2023.

  1. Laws Pertaining to Cannabis Industry – Revised

S.B. 277 revised numerous provisions of Nevada law pertaining to the cannabis industry. Past Nevada law prohibited cannabis dispensaries from selling to a person more than 1 ounce of cannabis in any one transaction. This limitation has been increased to 2.5 ounces. Also updated are the number of entrances required of a cannabis dispensary. Previously, cannabis dispensaries were required to have a single secure entrance for patrons. S.B. 277 permits a cannabis establishment to have more than one entrance for patrons so long as each entrance is secure. Section 16 of S.B. 277 requires the Cannabis Advisory Commission to conduct a sturdy concerning the potential effects of removal of cannabis from the Schedule 1 list of controlled substances as it is currently identified in existing regulations adopted by the State Board of Pharmacy  pursuant  to  the  provisions  of  the  state  Uniform  Controlled  Substances Act.

If you have questions regarding how newly enacted legislation may impact you or your business, you are invited to contact the lawyers at Lemons, Grundy & Eisenberg.