Latest news with #NevadaConstitution
Yahoo
16-04-2025
- Business
- Yahoo
Dozens of measures met their demise in Carson City last week
(Photo: Richard Bednarski/Nevada Current) Approximately a quarter of the 1,093 bills and resolutions introduced into the Nevada State Legislature's 2025 Session are now considered dead after failing to meet a key deadline last week. Bills and resolutions had to pass out of a committee by Friday, which marked day 68 of the 120-day session; 281 did not. The remainder of the bills either did advance or are exempt from the deadlines. Among the most high profile to die on Friday: a proposal to amend the Nevada Constitution to allow for a state lottery. Assembly Joint Resolution 5 was passed by the 2023 Legislature and needed to be passed by the 2025 Legislature in order to advance to the 2026 General Election ballot for final approval by voters. It was not given a hearing before Friday's deadline. The lottery proposal was pushed by Culinary Union, which on Monday issued a statement deriding Democratic leadership for not giving the resolution a hearing this session. 'With federal cuts looming, uncertainty around the state budget, and lack of funding for education and mental health, Nevadans need real solutions and we need it now,' Secretary-Treasurer Ted Pappageorge said in a statement. 'Politicians cannot complain about budget shortfalls while refusing to even consider a bill that would bring in new revenue.' A second bill being pushed by Culinary, Senate Bill 360, also died Friday. Republican Gov. Joe Lombardo had said he would veto the bill if it made it to his desk, and the bill would have faced significant resistance in the Legislature anyway. Dubbed the Hotel Safety Act, SB360 was sponsored by state Sen. Lori Rogich, a Republican who Culinary endorsed over a Democratic incumbent in last year's general election. Culinary had previously endorsed the incumbent, Dallas Harris, but withdrew support for her and other Democrats after they voted against a similar room cleaning proposal in 2023. (Assemblymember Daniele Monroe-Moreno, who sponsored the lottery resolution, was also 'unendorsed.') Another high-profile bill that died Friday was Senate Bill 415, which would have allowed local jurisdictions to use automated traffic enforcement cameras. The more sweeping of two red light camera bills introduced this session, SB415 was considered problematic by civil rights groups like the ACLU of Nevada. The second red light camera bill, Democratic Assemblymember Selena Torres-Fossett's Assembly Bill 402, is still alive. That bill is exempt from standard deadlines but cleared the Assembly Growth and Infrastructure Committee last week. It would authorize traffic monitoring cameras in construction work zones when workers are present. Opponents of automated red light cameras say they will continue monitoring bills to see if lawmakers attempt to amend parts of SB415 into other bills, including AB402. 'The deployment of red-light cameras is often framed as a matter of public safety, but in reality, most civil liberties abuses happen under the guise of public safety,' said ACLU of Nevada Executive Director Athar Haseebullah in a statement Monday. Two bills sponsored on behalf of the Nevada Highway Patrol also failed to advance. Assembly Bill 54 would have subjected a driver to a felony if they failed to move over for an emergency services provider and that resulted in the death of a first responder. The bill received a hearing but was not passed out of committee. A second Nevada Highway Patrol proposal, Senate Bill 37 would have criminalized road rage. It never received a hearing. Other bills and resolutions the Nevada Current has covered that are now dead: Assembly Joint Resolution 6, sponsored by 27 Democrats. The resolution, which passed in 2023 but needed to be passed once more by the Legislature and then by voters, would have had Nevada enter the National Popular Vote Compact, an interstate agreement wherein states commit to allocating their electoral votes to the presidential candidate who wins the national popular vote. AJR6 was not given a hearing by the Senate Committee on Legislative Operations and Elections. Assembly Bill 33, sponsored by Republican State Controller Andy Matthews. The bill would have established a Nevada Inspector General. Described by some as having 'DOGE vibes,' the bill was heard by the Assembly Government Affairs Committee but no action was taken. Assembly Bill 141, sponsored by Democratic Assemblymember Duy Nguyen. The bill would have required judicial candidates to have participated in at least 10 trials. The bill received a poor reception in the Assembly Judiciary Committee during its hearing and no action was taken. Senate Bill 242, sponsored by Democratic state Sen. Edgar Flores. The bill would have prohibited investment companies from purchasing residential properties unless they have been listed on the market for at least 30 days. The bill never received a hearing by the Senate Judiciary Committee, but other attempts to rein in corporate ownership of single-family homes did move forward. Assembly Bill 129, sponsored by Republican Assemblymember Jill Dickman, and Senate Bill 221 and Senate Bill 222, sponsored by Republican state Sen. Carrie Ann Buck. This trio of homeowners association bills died without receiving hearings, but at least half a dozen other HOA-focused bills have advanced. Of course, nothing is ever truly dead in the Legislature. For proof of that, just look to Assembly Bill 381, dubbed Reba's Law, which mandates prison time for killing a domestic animal. Sponsored by Republican Assemblymember Melissa Hardy, the bill failed to advance out of committee by Friday's committee deadline only to be posthumously given a waiver and advanced on Monday.
Yahoo
07-04-2025
- Yahoo
Family of 911 caller killed by Las Vegas police officer files $1M federal lawsuit
LAS VEGAS (KLAS) — The family of a 911 caller killed by a Las Vegas police officer last year filed a wrongful death lawsuit Monday against the department and the officer. LVMPD Officer Alexander Bookman shot and killed Brandon Durham, 43, last November, 14 seconds after entering his home. Durham called police to report an intruder. Bookman shot Durham seven times. Police identified that intruder as Alejandra Boudreaux, 31. In the seconds before the shooting, Durham and Boudreaux struggled over a knife, video shows. Records the 8 News Now Investigators first obtained reveal officers, including Bookman, were called to Durham's home late on the evening of Nov. 10 — about 24 hours before the fatal shooting — for a disturbance. Durham told police an 'ex-friend,' later identified as Boudreaux, refused to leave. Records show Bookman was the officer who signed off on the call, saying Boudreaux eventually left the residence, documents said. In one video from Bookman's body camera before the shooting, Bookman says over the radio, 'Yeah, I was over there yesterday. The aggressor in the situation yesterday was a transgender [Black male adult], tall with a black wig.' Rachael Gore, Brandon Durham's registered domestic partner; and Isabella Durham, Brandon Durham's daughter, are listed as plaintiffs. 'At no time did Brandon Durham, [who] was in his own private residence, pose a threat to LVMPD police,' the lawsuit read in part. 'At no time did Brandon Durham pose a threat to anyone.' The lawsuit adds at no time was the life of a police officer threatened as Durham and Boudreaux struggled over the knife: 'At the time that Defendant Bookman first saw Mr. Durham, the knife the aforementioned intruder had was pinned stationary up against the hallway wall… At the time that Defendant Bookman shot Brandon Durham, the knife that had been held by the assailant, was pinned up against the wall and thus, no lives were in eminent danger.' The lawsuit mentions that Bookman was at the Durham home the day before, as the 8 News Now Investigators first reported. 'At all times relevant, Defendant Bookman knew that Brandon Durham owned the residence referenced above because less than 24 hours before the instant shooting, Mr. Durham let Defendant Bookman into the home by using his biometric thumbprint, which served to provide entry to the abode,' documents said. 'At all times relevant, Defendant Bookman knew that when he was called to the disturbance caused by the above intruder, he was going to Brandon Durham's house and acknowledged the same to his dispatcher before even arriving at the Durham residence.' The lawsuit cites a violation of the Fourteenth Amendment as well as the Nevada Constitution for allegedly using 'excessive force in conduction the subject search and seizure considering the totality of circumstances.' The lawsuit seeks a minimum of $1 million in damages. Clark County prosecutors are expected to bring the Bookman case before a grand jury. The panel will then decide if criminal charges are warranted. 'While Mr. Durham's death is tragic, Officer Bookman was trying to eliminate a threat and did not commit a crime,' David Roger, who represents Bookman through the Las Vegas Police Protective Association, previously told 8 News Now. 'We have faith in the criminal justice system and look forward to a fair result.' In December, a grand jury indicted Boudreaux on four felony charges, including home invasion with a deadly weapon. Boudreaux confessed to breaking into the home, saying she intended for police to kill her, according to court documents. She remained in custody Monday on $1 million bail. The department placed Bookman on routine paid leave pending their investigation. Its policy is to not comment on pending litigation. In January, LVMPD Sheriff Kevin McMahill said his department will learn from the shooting, adding the investigative process needs to play out as designed. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Fox News
02-04-2025
- Politics
- Fox News
Nevada schools ban trans athletes from girls sports in major reversal for state
The Nevada Interscholastic Activities Association (NIAA) voted on Tuesday to adopt a new gender eligibility policy that bans trans athletes from girls sports. Now, only biological females can compete in the girls' category in the state. Nevada Lieutenant Gov. Stavros Anthony praised the decision in a statement. "I commend the NIAA for taking this important and courageous step," said Lieutenant Gov. Stavros Anthony. "Today's vote sends a clear message: Nevada values and protects opportunities for female athletes. Girls deserve a level playing field, and this action helps ensure they can compete, grow, and succeed without having to compromise safety or fairness." The change marks a reversal from the state's previous policy that enabled trans athletes to compete in girls and women's sports, which resulted in multiple controversial incidents of it happening in recent years. The state's constitution was revised in 2022, when Democrat lawmakers voted to adopt the Equal Rights Amendment, which added gender identity to its list of diversity classifications that are protected under state law. The law prompted a nationally publicized feud between the University of Nevada, Reno and its women's volleyball players in October. The players approached university administrators privately to express their desire to forfeit a match against San Jose State University, which rostered a trans athlete. But the university did not honor that request and instead released a statement insisting it would play the match. Nevada also insisted its players would be allowed to skip the contest without facing discipline. The team ultimately forfeited the day before the match was scheduled to be played, due to not having enough players. However, the university has said it had discussions with the players about potential "legal issues" that would emerge if the match were not played. "University administrators met with the Nevada volleyball team and discussed scenarios of what could happen if they chose not to play. One of the scenarios that was discussed revolved around possible legal issues for violating the Nevada Constitution," read a statement that was provided exclusively to Fox News Digital by the University of Nevada, Reno. The dispute between the players escalated into a national controversy that even garnered mainstream political attention in the weeks leading up to November's election. Meanwhile, at the youth level, a Nevada middle school girl, 13-year-old Ava Chavez, recounted an experience of having to face a trans athletes in a letter she handed to state lawmakers last week. "When the ball is on the other side of the net, they have a chance to swing, and we have a chance to block. This can be dangerous for us because if the blockers can't block the boy's hit, I could get dangerously hurt. This scares me because boys are naturally bigger, faster, stronger and have a higher vertical," a copy of the letter obtained by Fox News Digital read. Another girl, 17-year-old Kendall Lewis, has also experienced having to face a trans volleyball player due to the state's policies, she previously told Fox News Digital in an interview. Now, Nevada joins 26 other states in the U.S. that forbid trans athletes from competing in girls sports and is the latest to comply with President Donald Trump's executive order to address the issue. Follow Fox News Digital's sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.
Yahoo
05-03-2025
- Politics
- Yahoo
If feds violate civil rights in rounding up migrants here, NV police could be left holding the bag
Las Vegas Metropolitan Police Department Assistant Sheriff Dori Koren and Undersheriff Andrew Walsh look on as Sheriff Kevin McMahill takes questions during a news conference at LVMPD headquarters on January 02, 2025. (Photo by) When Clark County Sheriff Kevin McMahill recently confirmed that the police department won't investigate or arrest people simply for being undocumented immigrants, Trump supporters reacted poorly. 'Arrest the sheriff,' wrote Teddy KGB on X, formerly Twitter. Others quickly chimed in: 'Arrest him for TREASON.' 'Boycott Las Vegas.' 'Deport those cops too!' As many people already know, however, LVMPD wasn't announcing a new policy. Las Vegas and many other police departments have long said, correctly, that immigration is a federal responsibility. Having local police hunt down undocumented immigrants drains manpower and money from their real job: Enforcing state laws against violent crime, fraud and all the rest. But what many may not realize is that there are also serious, home-grown legal reasons why Nevada law enforcement agencies should be reluctant to serve as local arms of Trump's 'mass deportation' campaign. Put simply: They could face lawsuits and big financial penalties for violating civil rights under Nevada's state constitution. This has nothing to do with being a 'sanctuary city.' Nevada's police departments are not blocking federal agents from operating or investigating here. But our agencies are required to follow Nevada law even if folks from Washington are not. Nevada has a long libertarian reverence for personal freedom, spanning everything from gun rights to reproductive rights. The Cato Institute, a right-leaning libertarian think tank, ranked Nevada as first out of all 50 states on protection of personal freedoms in 2023. Indeed, the Nevada Supreme Court has strengthened the ability of citizens to sue state and local officials, and obtain financial compensation, for violating their state constitutional rights. In the context of Trump's efforts to carry out a mass deportation or any other enforcement activity, Nevada has two key constitutional protections. The first is Article 1, Section 18 of the Nevada Constitution, which replicates the U.S. Constitution's prohibition on unreasonable search and seizure. Before entering a home or workplace, for example, enforcement agencies must obtain a court-approved warrant supported by probable cause. The second protection is Nevada's equal rights amendment, Article 1, Section 24. That provision declares: 'Equality of rights under the law shall not be denied or abridged by this State or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.' (Emphasis added.) Even where the state protections look the same as the federal law, Nevada's protections are stronger for a few reasons. First, it's simply easier to sue state and local officials for damages, i.e. money. To be sure, the American Civil Liberty Union has been suing federal agencies for more than a century, and we aren't about to stop. But the U.S. Supreme Court has made it much more difficult to sue federal government officials for monetary compensation, ruling that Congress needs to explicitly provide for financial remedies. While we typically ask courts for systemic remedies, like striking down unconstitutional laws or practices, we also know that the threat of a big financial hit goes a long way towards deterring bad government behavior. And the reality is that monetary compensation is often the only thing a person can ask for when their rights have been violated. In Nevada, all this has become much easier. In 2022, the Nevada Supreme Court ruled in Mack v. Williams that it was entirely permissible to claim damages from a state or local agency for violating a person's rights under the Nevada Constitution. In that case, a woman sued the Nevada Department of Corrections for violating her constitutional rights for subjecting her to a warrantless cavity search when she was trying to visit someone in prison. The Nevada Supreme Court acknowledged that our state constitution bans unreasonable searches and seizures, just like the Fourth Amendment of the U.S. Constitution, and when the state constitution specifically prohibits an activity by state or local agencies, that prohibition is 'self-executing' and entitles people to sue for financial compensation without any additional permission from the Legislature. So unlike the United States Constitution, Nevada's constitution does not need extra laws to protect Nevadans. The second big protection is that Nevada doesn't offer 'qualified immunity' to state and local officials who violate our state Constitution. Qualified immunity lets government officials off the hook when the right they violate isn't 'clearly established,' even where any idiot could tell that what they were doing likely violated the law. This difference between the state and federal constitutions impacted in Ms. Williams case: the officers received qualified immunity for violating her federal constitutional rights, but they were still on the hook for violating her state constitutional rights. This increased exposure to lawsuits has major implications for local and state law enforcement here as they consider becoming local arms of I.C.E. In its first two weeks alone, the Trump administration brazenly flouted the Constitution by trying to revoke birth-right citizenship and by refusing to spend money appropriated by Congress. To carry out its mass deportation mission, the administration will almost certainly invade the privacy of citizens and lawful residents, enter places of work and worship and/or engage in racial profiling — what does an undocumented person 'look like,' exactly? All of these activities would violate both constitutions. If state and local law enforcement casually take direction from I.C.E., they will face serious legal risk. What's good for the goose probably won't be good for the gander.
Yahoo
06-02-2025
- Politics
- Yahoo
Renters' rights and 13 more bills to watch at the 2025 Nevada Legislature
LAS VEGAS (KLAS) — Lawmakers are busy in Carson City drawing up new rules to live by, including tougher penalties for committing crimes, protections for transgender Nevadans and a variety of laws related to housing and renters' rights. So far, 484 sponsored bills have been introduced in the 83rd Legislative Session, and there will be more as the session continues. Here's a look at some of the proposed laws*:* — Bills in the Nevada Assembly are labeled 'AB' at the front and Nevada Senate bills are labeled 'SB.' All bills must be approved by both houses and signed by the governor before they become law. PARAMILITARY ACTIVITY: AB119 would outlaw 'paramilitary activity' involving three or more people, setting out definitions for what those activities are and authorizing the attorney general to investigate and seek court injunctions to stop it from happening. A 'private paramilitary organization' is defined in the bill as an organized body consisting of three or more persons who associate under a structure of command for the purpose of functioning or training to function in a public place as a unit of combat, combat support, law enforcement or security services. The bill also establishes rights for victims of paramilitary activity to file civil lawsuits. The bill is sponsored by Democratic Assembly Speaker Steve Yeager. POLITICAL THREATS: AB123 takes on the issue of threats made during election campaigns, outlawing making statements that threaten someone's life. A first offense would be punished as a misdemeanor, and subsequent violations would be considered gross misdemeanors. The bill is sponsored by Assemblymember Hanadi Nadeem (D-Las Vegas). VOTER ID: AB147 sets up requirements for showing identification when voting, an idea that has wide support among Nevadans according to recent polls. (It's also the focus of Question 7, which is up for final approval in the next general election and would amend the Nevada Constitution.) The new bill would require the Nevada DMV to offer a free ID card to a registered voter who doesn't have one of the acceptable forms of ID and attests that he or she is experiencing financial hardship. It also specifies that voting the mail ballot of another person is a category D felony. Republican Gregory Hafen, the minority leader in the Nevada Assembly, sponsored the new bill. CCSD BOARD OF TRUSTEES: AB195 gives board members equal power, whether they are elected or appointed. Last session, lawmakers created four appointed positions to the Clark County School District Board of Trustees. The board responded by making sure the appointed members had little power. The new bill makes them equal and gives appointed members the right to serve as officers of the board. It also sets 12-year term limits for members that serve 'for any school district or combination of school districts.' The bill is sponsored by Republican Assemblymember Toby Yurek, who represents northeast Clark County. DONOR PRIVACY: AB197 requires the Secretary of State and other government entities from divulging information about donors or members/volunteers who work for nonprofits. It would prohibit agencies from requesting personal information about donors and people who work with nonprofits. It could also protect information about political action committees that fund election campaigns. The bill is sponsored by Assemblymember Shea Backus (D-Las Vegas). DOMESTIC VIOLENCE: AB216 would require police to conduct a 'lethality assessment' in domestic violence investigations, and would empower courts to consider such reports when making custody decisions. The step could possibly head off dangerous situations for victims of domestic violence. The bill is sponsored by Assemblymember Melissa Hardy (R-Henderson). FENTANYL PENALTIES: SB153 would elevate the penalty for selling, giving or trading a deadly fentanyl dose, taking it up to first-degree murder. The penalty would remain second-degree murder for deaths involving other controlled substances. See: Nevada proposal would add selling deadly fentanyl to first-degree murder charge. The bill is sponsored by Republican Senator John Steinbeck, who represents the northwest Las Vegas valley. BAIL REVOKED: SB163 would automatically revoke bail for anyone who is arrested on a felony charge while out on bail. The person would remain in jail until trial. The bill is sponsored by Republican Senator John Ellison, who represents roughly half the state, covering rural counties in eastern Nevada. TRANSGENDER 'SHIELD': SB171 would set up for protections for transgender patients and medical practitioners, preventing the state from participating in another state's prosecution. It's similar to existing laws that set up legal protections surrounding abortion procedures in Nevada. The bill is sponsored by Democratic Senator James Ohrenschall, who represents parts of southeast Las Vegas and parts of Henderson. LATEX GLOVES: SB184 seeks an end to the use of latex gloves or utensils in a food establishment. Allergies to latex became a serious problem in the late 1980s. The bill sets up penalties, allowing health officials to suspend permits, and even revoke permits for repeated offenses. It makes use of latex gloves or utensils a misdemeanor under Nevada law, and would extend the restriction to medical facilities. The bill is sponsored by Republican Senator Jeff Stone, who represents eastern and southern Clark County. 'Latex alternative gloves are available and inexpensive. Up to 5% of the general population has a latex allergy,' Stone told 8 News Now on Wednesday. 'Rarely, one can experience anaphylaxis which can be life threatening. Why take a chance when we have low cost safer alternatives?' Several bills focus on issues surrounding housing and protections designed for renters. Some of those bills are highlighted below: ACCESSORY DWELLINGS: AB131 would allow owners of designated historic properties an exception that would allow them to build an 'accessory dwelling' on the property. Restrictions against using the addition as a rental unit are written into the bill. It also seeks an expedited approval/appeal process. The bill is sponsored by Assemblymember Jovan Jackson, who represents areas including the Historic Westside in Las Vegas. KEEPING UP WITH REPAIRS: AB211 gets tough with landlords who neglect the properties their tenants live in. It sets up procedures relating to 'a property owner's failure to repair or rehabilitate or abate certain conditions on the residential property,' and gives local governments the authority to appoint a receiver for substandard property. The bill is sponsored by Assemblymember Venicia Considine, who represents parts of Henderson and southeast Las Vegas. RENTERS' RIGHTS: AB223 establishes sweeping powers for renters when a landlord fails to provide a dwelling in good condition. It would establish a verified complaint procedure when concerning habitable conditions. The bill requires landlords to list fees charged to tenants, and also requires that landlords provide an email address for tenants to contact staff. It requires landlords to provide waste removal at no charge to tenants. The bill also requires landlords to accept the following methods of payment for rent: money order, personal check, cashier's check or cash. That's likely in reaction to post-pandemic practices that have pushed tenants to sign up for third-party payment services that charge additional fees. Much more is included in the bill. Assemblymember Considine also sponsored this bill. DOG BREEDS: SB166 would expand the law preventing insurance companies from jacking up premiums or canceling a policy on the sole basis of a dog breed on the property. The law currently only applies to single-family residences but would be expanded to apartments, condos and other multi-family residences. The bill also requires some supportive housing landlords to allow at least one pet. The bill is sponsored by Democratic Senator Melanie Scheible, who represents parts of the southwest Las Vegas valley. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
