Legislative Overview 2013 for Limited Jurisdiction Courts

1. Legislative Overview 2013 for Limited Jurisdiction Courts Presented by Justice of the Peace Scott Pearson Reno Justice Court Joe Tommasino, Esq. Las Vegas Justice Court NACCA Legislative Overview 2013

2. General Sources of NV Law Recent Cases from the Nevada Supreme Court: http://www.nevadajudiciary.us/ * Select “Supreme Court” * On the right-hand column, under “Decisions,” select “Advance Opinions.” NACCA Legislative Overview 2013

3. General Sources of NV Law All Court Rules for Nevada: http://www.leg.state.nv.us/Division/Legal/LawLibrary/CourtRules/index.cfm * Includes: “Retention Schedules” “E-Filing Rules” “Nevada Code of Judicial Conduct” “JCRCP”/ “NRCP” / “JCRLV” / Etc. NACCA Legislative Overview 2013

4. General Sources of NV Law http://www.leg.state.nv.us/law1.cfm • Nevada Administrative Code • Nevada Constitution • City Charters • Etc. NACCA Legislative Overview 2013

5. Nevada RevisedStatutes Online To access the Nevada Revised Statutes: (1) Go to http://www.leg.state.nv.us/ (2) Click the “Law Library” tab on the left side of the page. (3) Click “Nevada Revised Statutes”—“Table of Contents” NACCA Legislative Overview 2013

6. Legislative Bills Online • Go to http://www.leg.state.nv.us/ (2) Click the “Session Info.” tab on the left side of the page. (3) Click “77th Session (2013)” on right side of the page. (4) Click “Bill Information.” (4) Click “History of Specific Legislation” and enter the bill that you need. (5) Choose “AS ENROLLED” to view the final version. NACCA Legislative Overview 2013

7. Finding Key Bills NRS Sections Proposed to Be Amended or Repealed: http://www.leg.state.nv.us/Session/77th2013/Reports/TablesAndIndex/2013_77-Section.html Subject Index for 2013 Legislation: http://www.leg.state.nv.us/Session/77th2013/Reports/TablesAndIndex/2013_77-index.html NACCA Legislative Overview 2013

8. Statistics for 2013 • 512 Assembly Bills • 522 Senate Bills • 17 Bills Vetoed by the Governor • 553 Bills Signed by the Governor • ______ Bills Referenced in Handout • 90 Bills Discussed in Today’s Session NACCA Legislative Overview 2013

9. 12 Subject Areas (1) Civil (Slides __-__) (2) Court Administration (Slides __-__) (3) Criminal Penalties (Slides ___-___) (4) Criminal Procedure (Slides ___-___) (5) Elections (Slides ___-___) (6) Judges(Slides ___-___) (7) Legislature (Slides ___-___) (8) Public Records (Slides ___-___) (9) Studies (Slides ___-___) (10) Traffic (Slides ___-___) (11) Miscellaneous (Slides ___-__) (12) “Dead Bills of Interest” (Slides ___-___) NACCA Legislative Overview 2013

10. CIVIL (begins at Slide ___) NACCA Legislative Overview 2013

11. AB 54(Effective on 7/1/13) Section 1 of this bill authorizes a board of county commissioners to impose by ordinance a filing fee relating to actions and proceedings in the justice court, in an amount not to exceed $8, to offset a portion of the costs of operating such a law library. NACCA Legislative Overview 2013

12. AB 54 New statute in NRS Chapter 4: 1. In addition to any other fee required by law, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of operating a law library established in that county by the board of county commissioners pursuant to NRS 380.010, in an amount not to exceed $8, to be paid on the commencement of any action or proceeding in the justice court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required. NACCA Legislative Overview 2013

13. AB 54 Section 1.5 of this bill increases the amount of certain fees charged and collected by the justice court and revises the tiers upon which certain fees are based. NACCA Legislative Overview 2013

14. AB 54 Examples: In a civil action for unlawful detainer pursuant to NRS 40.290 to 40.420, inclusive, in which a notice to quit has been served pursuant to NRS 40.255 ...................... 225.00 For the filing of any paper in intervention ...... [$6.00] $25.00 NACCA Legislative Overview 2013

15. AB 54 (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court , other than a writ of restitution ................................. [$6.00] $25.00 (g) For the issuance of any writ of restitution ................. $75.00 (h) For filing a notice of appeal, and appeal bonds ........ [$12.00] $25.00 NACCA Legislative Overview 2013

16. AB 54 (j) For preparation and transmittal of transcript and papers on appeal ................................. [$12.00] $25.00 (l) For entering judgment by confession ..... [ $6.00]$50.00 (m) For preparing any copy of any record, proceeding or paper, for each page ...................... [ $.30] $.50 (p) For filing and acting upon each bail or property bond ........................................................ [ $40.00] $50.00 NACCA Legislative Overview 2013

17. AB 54 6. Except as otherwise provided in subsection 7, the county treasurer shall deposit 25 percent of the fees received pursuant to subsection 4 into a special account administered by the county and maintained for the benefit of each justice court within the county. The money in that account must be used only to: NACCA Legislative Overview 2013

18. AB 54 (a) Acquire land on which to construct additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court; (b) Construct or acquire additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court; (c) Renovate, remodel or expand existing facilities or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court; NACCA Legislative Overview 2013

19. AB 54 (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or a portion of a facility or the renovation, remodeling or expansion of an existing facility or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court; (e) Acquire advanced technology for the use of a justice court; NACCA Legislative Overview 2013

20. AB 54 (f) Acquire equipment or additional staff to enhance the security of the facilities used by a justice court, justices of the peace, staff of a justice court and residents of this State who access the justice courts; (g) Pay for the training of staff or the hiring of additional staff to support the operation of a justice court; NACCA Legislative Overview 2013

21. AB 54 (h) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or for the construction, renovation, remodeling or expansion of facilities for a justice court or a multi-use facility that includes a justice court; and (i) Pay for one-time projects for the improvement of a justice court. NACCA Legislative Overview 2013

22. AB 54 Any money remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year. NACCA Legislative Overview 2013

23. AB 54 7. The county treasurer shall, if necessary, reduce on an annual basis the amount deposited into the special account pursuant to subsection 6 to ensure that the total amount of fees collected by a justice court pursuant to this section and paid by the justice of the peace to the county treasurer pursuant to subsection 4 is, for any fiscal year, not less than the total amount of fees collected by that justice court and paid by the justice of the peace to the county treasurer for the fiscal year beginning July 1, 2012, and ending June 30, 2013. NACCA Legislative Overview 2013

24. AB 54 8. Each justice court that collects fees pursuant to this section shall submit to the board of county commissioners of the county in which the justice court is located an annual report that contains: (a) An estimate of the amount of money that the county treasurer will deposit into the special account pursuant to subsection 6 from fees collected by the justice court for the following fiscal year; and (b) A proposal for any expenditures by the justice court from the special account for the following fiscal year. NACCA Legislative Overview 2013

25. AB 54 Note: Under NRS5.073(2), “[e]ach municipal judge shall charge and collect such fees prescribed in NRS 4.060 that are within the jurisdictional limits of the municipal court.” However, AB 54 does notprovide for Municipal Courts to set up a special revenue account. NACCA Legislative Overview 2013

26. AB 182(Effective on 10/1/13) Section 3 of this bill authorizes the owner of a storage facility to impose a reasonable late fee for rent which is not paid when due if the rental agreement sets forth the amount of the late fee. Under section 3, a late fee is deemed to be reasonable if it is $20 or 20 percent of the monthly rental amount, for each month of a late rental payment, whichever is greater. Section 6 of this bill provides that if a late fee is imposed on an occupant of a storage space, the late fee is included in the owner’s lien. NACCA Legislative Overview 2013

27. AB 182 Prior law prohibited a person from using a storage space at a storage facility as a residence and required the owner of a storage facility to evict a person who is residing in a storage space. (NRS 108.475) Under prior law, a sheriff or constable of the county had to remove the person from the storage space within 24 hours after receipt of an eviction order issued by a justice of the peace. (NRS 40.670) Sections 5 and 9 of this bill repeal the requirement that the owner evict a person who is residing in a storage space at a storage facility. NACCA Legislative Overview 2013

28. AB 182 Existing law provides that if any charges for rent or other items owed by the occupant of a storage space at a storage facility remain unpaid for 14 days or more, the owner of the storage facility may terminate the occupant’s right to use the storage space for which charges are owed after providing certain notice to the occupant. (NRS 108.476) Existing law further provides that if the occupant fails to pay the total amount due by the date specified in a notice of lien from the owner of a storage facility, the owner may deny the occupant access to the storage space. (NRS 108.4763) NACCA Legislative Overview 2013

29. AB 182 Sec. 5. NRS 108.475 is hereby amended to read as follows: 1. [A person shall not] It is unlawful to use a storage space at a facility for a residence. [The owner of such a facility shall evict any person who uses a storage space at the facility as a residence in the manner provided for in NRS 40.760.] NACCA Legislative Overview 2013

30. AB 182 Sections 7 and 8 of this bill remove the provisions of existing law authorizing the owner of a storage facility to deny access to a storage space and, instead, authorize the owner to deny access to a storage space for which an occupant owes any charge for rent or other items if the charge remains unpaid for 10 days or more. NACCA Legislative Overview 2013

31. AB 223(Effective on 7/1/13) Existing law provides for a summary eviction procedure when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent due by the month or a shorter period defaults in the payment of the rent. (NRS 40.253) Section 1 of this bill provides that the affidavit of complaint for eviction of a tenant that a landlord or landlord’s agent is authorized to file in justice court or district court applies to tenants of recreational vehicles. NACCA Legislative Overview 2013

32. AB 223 Existing law provides that if a sale of property is a residential foreclosure, the posting of certain required notices on the property must be completed by a licensed process server or any constable or sheriff. (NRS 107.087) Section 3 of this bill: (1) specifies that the constable or sheriff who posts such a notice must be a constable or sheriff of the county in which the property is located; and (2) revises the date by which certain required notices must be provided. NACCA Legislative Overview 2013

33. AB 223 Existing law provides that a constable is a peace officer in his or her township. (NRS 258.070) Section 8.6 of this bill requires a constable of a township whose population is 15,000 or more or that has within its boundaries a city whose population is 15,000 or more to become certified as a category I or category II peace officer by the Peace Officers’ Standards and Training Commission within 1 year after the date on which the constable commences his or her term of office or appointment unless the Commission, for good cause shown, extends the time. Section 16.5 of this bill provides that this requirement does not apply to a constable who is in office on July 1, 2013, unless he or she is elected or appointed to a term of office on or after July 1, 2013. NACCA Legislative Overview 2013

34. AB 223 Sections 7.5, 12 and 12.5 of this bill provide that a constable or deputy constable in a township whose population is less than 15,000 or that has within its boundaries a city whose population is less than 15,000 may not make an arrest in the course of performing his or her duties as a constable unless he or she is certified as a category I or category II peace officer. NACCA Legislative Overview 2013

35. AB 223 Existing law authorizes a constable to appoint deputies and provides that a deputy constable must be certified as a category II peace officer by the Peace Officers’ Standards and Training Commission within 1 year after the date on which the person commences employment as a peace officer unless the Commission, for good cause shown, extends the time. (NRS 258.060, 289.470, 289.550) Section 10 of this bill provides that a person appointed as a deputy constable for a township whose population is 15,000 or more or that has within its boundaries a city whose population is 15,000 or more must be certified as a category I or category II peace officer by the Commission before he or she commences employment as a deputy constable. NACCA Legislative Overview 2013

36. AB 223 Existing law authorizes the board of county commissioners to appoint clerks for the constable of a township and to provide compensation for those clerks. (NRS 258.065) Section 11 of this bill authorizes the constable to appoint clerical and operational staff for the office of the constable, subject to the approval of the board of county commissioners, and requires the board of county commissioners to fix the compensation of the clerical and operational staff of the constable’s office. Section 11 further provides that the clerical and operational staff of a constable’s office do not have the powers of a peace officer and may not possess a weapon or carry a concealed firearm while performing the duties of the constable’s office. NACCA Legislative Overview 2013

37. AB 223 Section 8.8 of this bill authorizes the board of county commissioners to establish, by resolution or ordinance, penalties to be imposed on a constable who fails to file a report, oath or other document required by statute to be filed with the county or the Peace Officers’ Standards and Training Commission. Section 9 of this bill requires the oath of a constable to be filed and recorded in the office of the recorder of the county. NACCA Legislative Overview 2013

38. AB 282(Effective on 7/1/13) Under existing law, each broker, manufacturer, distributor, dealer and rebuilder of motor vehicles is required to procure and file a surety bond with the Department of Motor Vehicles or make a deposit with the Department. Any person, including consumers as well as corporate entities, injured by the actions of such a broker, manufacturer, distributor, dealer or rebuilder is allowed to apply to the Director of the Department or to bring and maintain an action in any court of competent jurisdiction for compensation from the bond or deposit. (NRS 482.3333, 482.345, 482.346) NACCA Legislative Overview 2013

39. AB 282 Additionally, under existing case law in Nevada, the phrase “any person,” as used in NRS 482.345(6), has been interpreted literally to allow any individual person or group of persons (including a finance company) who is injured by the actions of a broker, manufacturer, distributor, dealer or rebuilder of motor vehicles to apply for compensation from the bond that section requires to be procured and filed. (Western Sur. Co. v. ADCO Credit, Inc., 127 Nev. Adv. Op. No. 8, 251 P.3d 714 (Mar. 17, 2011)) NACCA Legislative Overview 2013

40. AB 282 This bill amends NRS 482.3333, 482.345 and 482.346 to provide that bonds procured pursuant to NRS 482.3333 and 482.345 and deposits made in lieu of such bonds pursuant to NRS 482.346 may be used to compensate only a consumer, for any loss or damage established, and no other person. NACCA Legislative Overview 2013

41. AB 282 Example: 5. The bond must provide that it is for the use and benefit of any [person injured by the action] consumerof the broker or an employee of the broker [in violation of any provision of this chapter may apply to the Director, for good cause shown, for compensation from the bond.] for any loss or damage established, including, without limitation: (a) Actual damages; (b) Consequential damages; (c) Incidental damages; (d) Statutory damages; (e) Damages for noneconomic loss; and (f) Attorney’s fees and costs. NACCA Legislative Overview 2013

42. AB 284(Effective on 7/1/13) This bill provides, under certain circumstances, for the early termination of a rental agreement if a tenant, cotenant, or household member is a victim of domestic violence. NACCA Legislative Overview 2013

43. AB 284 Section 1.3 of this bill: • Establishes provisions concerning notice requirements for such an early termination; • Establishes provisions concerning liability of unpaid amounts relating to the termination of a rental agreement; NACCA Legislative Overview 2013

44. AB 284 (3) Requires a landlord to install a new lock onto the dwelling of certain persons who are victims of domestic violence; and (4) Establishes certain limitations concerning the disclosure to a prospective landlord of an early termination pursuant to this bill. NACCA Legislative Overview 2013

45. AB 284 Section 1.7 of this bill establishes the form in which an affidavit submitted by a tenant or cotenant in support of a notice to terminate a rental agreement pursuant to this bill must be made. NACCA Legislative Overview 2013

46. AB 284 Existing law prohibits a landlord from taking certain retaliatory actions against a tenant. (NRS 118A.510) Section 2 of this bill prohibits a landlord from taking certain retaliatory actions against a tenant, cotenant or household member who is a victim of domestic violence or who terminates a rental agreement because he or she is a victim of domestic violence. NACCA Legislative Overview 2013

47. AB 284 Sec. 1.3. 1. Notwithstanding any provision in a rental agreement to the contrary, if a tenant, cotenant or household member is the victim of domestic violence, the tenant or any cotenant may terminate the rental agreement by giving the landlord written notice of termination effective at the end of the current rental period or 30 days after the notice is provided to the landlord, whichever occurs sooner. NACCA Legislative Overview 2013

48. AB 284 2. The written notice provided to a landlord pursuant to subsection 1 must describe the reason for the termination of the rental agreement and be accompanied by: (a) A copy of an order for protection against domestic violence issued to the tenant, cotenant or household member who is the victim of domestic violence; NACCA Legislative Overview 2013

49. AB 284 (b) A copy of a written report from a law enforcement agency indicating that the tenant, cotenant or household member notified the law enforcement agency of the domestic violence; or (c) A copy of a written affidavit in the form prescribed pursuant to section 1.7 of this act and signed by a qualified third party acting in his or her official capacity stating that the tenant, cotenant or household member is a victim of domestic violence and identifying the adverse party. NACCA Legislative Overview 2013

50. AB 284 3. A tenant or cotenant may terminate a rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant, cotenant or household member becoming a victim of domestic violence occurred within the 90 days immediately preceding the written notice of termination to the landlord. NACCA Legislative Overview 2013