Recreational marijuana is now legal in Nevada — but it’s not the only new law that takes effect today.

More than 320 of the 608 bills passed by the Legislature during the recent session kick in today either in whole or in part, including new laws requiring employers to provide breaks for nursing mothers, prohibiting slow driving in the left-hand lane and allowing mayors to perform marriages. Many of the laws have less immediate impacts, requiring state agencies to take certain action first or develop regulations before they are fully implemented.

Here are some highlights of the legislation that becomes effective starting today:

BUSINESS

Employers must provide breaks and space for nursing mothers (AB113)

Starting today, public and private employers in Nevada — except the Department of Corrections, certain small employers and certain licensed contractors — are required to provide reasonable break time and a clean, private place for employees who are breastfeeding to express breast milk. Employers are allowed to choose whether they want to provide compensation or not to their employees during the break time, unless it’s already mandated by a collective bargaining agreement.

Employers are also not allowed to retaliate against employees who take breaks to pump breast milk, use the designated location to do so or otherwise take action to enforce the requirement. However, if the employer believes they would face an undue hardship due to the requirements, they can meet with the employee to discuss alternatives and, if no agreement can be reached, the employee must accept the alternative put forward by the employer.

Small businesses with fewer than 50 employees who would suffer an undue hardship due to complying with the requirements are exempt from the requirement, as are licensed contractors with employees performing work at a construction job site at least three miles from the employer’s regular place of business.

Public employers who don’t comply with the law can be reported to the Local Government Employee-Management Relations Board, which is required to create an expedited procedure to resolve complaints. The Labor Commission is authorized to enforce the requirement against private employers, who can be subject to a misdemeanor and a $5,000 fine per violation if they fail to comply with the law.

TRAFFIC AND PARKING

Slow down, prepare to stop or switch lanes for NDOT vehicles (AB17)

Nevada drivers are already required to decrease their speed, proceed with caution, be prepared to stop or switch lanes when approaching an authorized emergency vehicle or tow vehicle that is stopped and displaying flashing lights. Starting today, they are also required to do so when approaching an authorized Department of Transportation vehicle that is stopped and displaying flashing amber warning lights or making use of the lamp near the back of the vehicle that emits a non-flashing blue light.

Violating these requirements constitutes a misdemeanor.

No more driving slowly in the left lane (AB334)

Slow left-lane drivers, be warned: Starting today it is a misdemeanor for someone to drive in the left hand lane if he or she knows or should reasonably know that he or she is driving below the speed limit and is being approached from behind by a faster vehicle. There are exceptions to the law for people driving a vehicle:

• In the left lane in order to overtake another vehicle or prepare for a left hand turn
• In a lane designed for high-occupancy vehicles
• Engaged in construction, maintenance or repair of the highway
• In the left lane when traffic conditions, weather, obstructions, hazards or directions of a police officer make it necessary
• That is an authorized emergency vehicle in the course of his or her duties
• Within the geographical limits of a city or town

Towing in apartment complexes and booting at casino parking garages (SB320)

In order to tow someone’s car, the person requesting the tow must be the property owner from where the car is being towed and must sign a request for the towing. Additionally, the area from which the vehicle is being towed must be posted in accordance with state and local requirements, law enforcement must be notified and the operator of the tow car can be told to stop towing by a law enforcement officer.

Starting today, there are extra conditions on a property owner wanting to tow a vehicle, the violation of which constitutes a misdemeanor:

• They may only have a vehicle towed for a parking violation, an issue related to the health, safety or welfare or the residents of the complex or because the vehicle is unregistered or the registration has expired.
• They may not have a vehicle towed until 48 hours after affixing a notice to the vehicle explaining why it will be towed, unless the towing is necessary for the health, safety or welfare of the residents.

Additionally, the law allows casinos with multilevel parking garages to put a boot, clamp or device on cars parked in an unauthorized manner. The cost of having the device removed can’t exceed $100 and must be displayed.

No pets in hot cars (SB409)

Starting today, anyone who leaves his or her pet alone in a car during a period of extreme heat or cold will be subject to the same penalties as leaving young children alone in the car.

The law currently prohibits parents from knowingly and intentionally leaving their children who are seven years old or younger in a car if the conditions present a significant risk to the child’s health or safety or the engine of the vehicle is running or the keys are in the ignition, unless the child is being supervised and within the sight of someone who is at least 12 or if the person responsible for the child unintentionally locks a car with the child inside. If they do, it’s a misdemeanor.

Those provisions now apply to any pets left in an extremely hot or cold car — without the provision about leaving a pet in a car with the engine running — and includes already existing law that allowed police officers and animal control personnel to use force to free a cat or dog from a vehicle. The law also requires police officers to take possession of such animals.

The law also allows animal control officers to take possession of animals or other property being used in fights under certain circumstances.

MARIJUANA

Blood tests for marijuana DUIs (AB135)

Even with recreational marijuana now legal today, it is still illegal for someone to drive a vehicle if they are under the influence of marijuana or have a certain amount of the substance in their body.

But where marijuana and marijuana metabolites could previously be measured through either blood or urine tests, this new law makes them measurable only through a blood test. The change also applies to existing laws relating to a person driving a commercial motor vehicle on a highway or operating a boat.

Local government regulation and marijuana packaging (SB344)

Most of the recently-passed law pertaining to packaging for edibles or other marijuana-infused products won’t kick in until October 1, and THC labeling requirements won’t kick in until Jan. 1, 2020. But the portion of this law prohibiting a local government from regulating a marijuana establishment or medical marijuana establishment in a manner that is more restrictive than or conflicts with laws or regulations of the state kicks in today.

Pot tax bill begins (SB487)

With recreational marijuana sales starting today, so do the new taxes on pot passed in the waning days of the Legislature.

Starting today, excise taxes on wholesale marijuana for medical use by a cultivation facility increase from 2 percent to 15 percent, there are no more excise taxes on sales by production facilities or marijuana dispensaries and retail sales of recreational marijuana or marijuana products are taxed at 10 percent of the sales price. The law also limits the regulations and license taxes that a city, town or county can impose on a marijuana establishment or medical marijuana establishment.

MARRIAGE AND PARTNERSHIPS

Same sex marriage (officially) becomes law in Nevada (AB229)

Same-sex marriage has been legal in Nevada since the June 2015 U.S. Supreme Court decision. But until now, Nevada law has stated that only one man and one woman may be joined in marriage.

Today, two people, regardless of gender, may be joined in marriage under Nevada statute.

However, the one man, one woman marriage provision still remains in the Nevada Constitution. A measure to repeal that clause passed the Legislature this session (AJR2) and will need to be again passed by the Legislature in 2019 before heading to a vote of the people in 2020.

Mayors can now perform marriages (SB279)

Starting today, Nevada mayors can perform marriages — though they can’t accept any fee or anything of value for doing so.

Under existing law, only Supreme Court justices, judges of the Court of Appeals, district court judges, certain justices of the peace, certain municipal judges and commissioners and deputy commissioners of civil marriages were allowed to perform marriages by virtue of their position.

No more re-registering domestic partnerships from other states (AB227)

Nevadans no longer have to re-register a domestic partnership that was formed in another state. Previously, partners were required to register their domestic partnership formed in another jurisdiction with the secretary of state’s office.

OTHER

Permanent resident and tribal ID cards as identification (AB162 & AB415 & SB399)

Tribal identification cards and permanent resident cards can now be used as identification.

AB162 authorizes state and local governments to accept a permanent resident card as identification and prohibits a business that accepts a driver’s license or ID card issued by the DMV as identification from refusing to accept a permanent resident card for the same purpose.

AB415 and SB399 make the same authorizations and requirements for tribal identification cards, if the card meets certain requirements.

Feature photo: Nevada state seal. Photo by David Calvert.