With the new year usually comes a set of new laws and regulations, here’s a look at the handful of changes coming to Nevada in 2025.
AB208
Nevada is taking steps to enhance its Medicaid services by establishing a program for structured family caregiving, specifically targeting recipients suffering from dementia. The initiative, outlined in AB208, mandates the state’s Department of Health and Human Services to apply for a federal waiver to include these services under Medicaid.
The bill allows Medicaid recipients to select their caregivers and choose the residence where they will receive care. Additionally, caregivers must be employed by an agency providing personal care services or an intermediary service organization and will receive a daily stipend through their employer. The bill also stipulates that caregivers undergo specific training.
The legislation includes appropriations and authorizes expenditures by the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services to cover costs associated with implementing the structured family caregiving program. This move aligns with existing laws that require the Department to seek federal support for home and community-based services for Medicaid recipients with physical disabilities.
AB259
A new legislative measure in Nevada aims to ensure that individuals with intellectual and developmental disabilities earn at least the state minimum wage by January 1, 2028. The bill, AB259, requires providers of jobs and day training services to develop transition plans for those currently earning below the minimum wage, with the goal of either increasing their earnings or helping them pursue other services.
The bill mandates that these providers submit annual reports to the Aging and Disability Services Division of the Department of Health and Human Services, detailing progress toward achieving these wage goals. Additionally, the legislation prohibits any contracts that allow for wages below the state minimum wage starting January 1, 2025.
Under the new law, individuals with disabilities will have the right to choose an advocate to represent them in employment-related meetings. The Division is also tasked with assisting in finding advocates upon request.
The bill also addresses Medicaid services, requiring the Department of Health and Human Services to seek amendments to federal waivers. These amendments would include habilitation services under Medicaid to support competitive integrated employment and ensure compensation for prevocational services meets or exceeds the state minimum wage.
The legislation reflects a significant shift from existing state and federal laws, which currently allow for subminimum wages under certain conditions. By 2028, all individuals receiving jobs and day training services in Nevada must be paid at least the state minimum wage, marking a substantial step toward wage equality for disabled workers.
SB11
Nevada is set to implement new regulations governing the use of unmanned aerial vehicles (UAVs) by public agencies and law enforcement, following the passage of a new bill. The Department of Public Safety is tasked with adopting these regulations, which will take effect on January 1, 2025.
SB11 mandates the creation of a list of countries, businesses, and entities from which UAVs or related equipment cannot be purchased or acquired by public or law enforcement agencies. Additionally, it will specify UAVs and related equipment that are prohibited for operation, purchase, or acquisition.
The bill also outlines that public agencies will be authorized to conduct scheduled inspections to ensure compliance with building and fire codes. However, it prohibits the collection of photographs, images, or recordings during these inspections. Should any such data be inadvertently collected, it will not be admissible or disclosed in any proceedings, except those directly related to the inspection’s purpose.
These measures aim to enhance the regulation of UAVs while ensuring privacy and compliance with existing laws.
SB423
Nevada has enacted changes to its motorcycle laws, offering new options for those caught riding without the proper license and altering instructor requirements for motorcycle safety programs.
Under SB423, people found guilty of riding a motorcycle without a valid driver’s license, endorsement, or permit can now opt to complete a motorcycle safety course instead of paying a fine. This course must be completed within nine months of the court’s final order.
Additionally, the new law modifies the eligibility criteria for instructors in the state’s Program for the Education of Motorcycle Riders. Previously, instructors were required to be Nevada residents or members of the U.S. Armed Forces stationed in Nevada and to have held a motorcycle license or endorsement for at least two years. These requirements have now been removed, broadening the pool of potential instructors for the program.
Question 5
Nevada is joining 19 other states and the nation’s capital in exempting diapers from sales tax. Voters passed Ballot Question 5 68% to 32% during the November election.
Question 5 removes sales tax on both baby and adult diapers starting on January 1, 2025 and running through the end of 2050.
The Silver State’s sales tax rate is 6.85% and counties have the ability to implement addition sales tax if desired.
The ballot measure had no formal opposition.
Question 2
Nevada voters overwhelmingly supported a constitutional amendment on the 2024 ballot to update language referring to individuals with mental illness, blindness, or deafness in the state constitution.
Question 2 will revise Article 13, Section 1 of the Nevada Constitution. Currently, the section describes public entities as “institutions for the benefit of the insane, blind and deaf and dumb.” The amendment, which goes into effect at the turn of the year, will replace “institutions” with “entities” and update the language to “persons with significant mental illness, persons who are blind or visually impaired, persons who are deaf or hard of hearing, and persons with intellectual disabilities or developmental disabilities.”
The Nevada amendment was introduced as Assembly Joint Resolution 1 (AJR 1) during the 2021-2022 legislative session. It passed unanimously in both the Nevada State Assembly and Senate in 2021 and again in 2023, meeting the requirement for a constitutional amendment to pass in two consecutive legislative sessions before being placed on the ballot.
Question 4
Nevada voters passed Question 4 roughly 60% to 40% which supports a constitutional amendment that eliminates language allowing slavery or involuntary servitude as criminal punishments.
Question 4 revises the state constitution to say, “Neither slavery nor involuntary servitude shall ever be tolerated in this state.”
This move follows a trend seen across the United States, where between 2016 and 2022, voters in eight states considered similar measures. During this period, seven measures were approved in Colorado, Nebraska, Utah, Alabama, Oregon, Tennessee, and Vermont. However, two measures were rejected in Colorado and Louisiana. Notably, Colorado voters initially rejected a measure in 2016 but approved it in 2018, which removed language permitting slavery and involuntary servitude as criminal punishments.
