With approval of consumption lounges, state ushers in next expansion of cannabis industry

After a tumultuous round of dispensary licensing in 2018 brought uncertainty and infighting to the state’s nascent cannabis industry, the Cannabis Compliance Board (CCB) assumed the marijuana regulatory reins in 2020, cracking down on bad actors and providing specialized regulation that brought stability to the industry ahead of the 2021 legislative session.

From that baseline, lawmakers took a major step this session to expand and diversify the industry’s disproportionately white and male ownership and also provide tourists with a place to legally consume marijuana by creating a new license type for cannabis consumption lounges. They also approved a slew of other changes — including allowing permanent curbside pickup, revising how law enforcement determines whether someone is driving under the influence of marijuana and changing product labeling — built from lessons learned in the eight years since the state first authorized marijuana dispensaries.

“It's been a long journey from where we started, really, in the 2013 session and then launching dispensaries, so it's really nice to see how the industry has matured,” said Assemblyman Steve Yeager (D-Las Vegas). “The legislation that we see this session is really in recognition that we've primarily done things right and to try to take that next step.”

After the compliance board began its work governing the state’s marijuana industry in July 2020, the 2021 legislative session presented the agency with an important opportunity to hold conversations with lawmakers, said Tyler Klimas, the board’s executive director.

“We’re very pleased with how the CCB came out in this session … So much of this particular legislative session was about education for the CCB,” Klimas said. “In 2021, this was really our first chance to come back in front of the Legislature and update them on the progress of the CCB … I think the Legislature was very receptive to our message.”

The session saw a wide variety of cannabis-related legislation passed that Yeager emphasized was largely aimed at implementing best practices and making selective tweaks to existing regulations. He also noted that many of those changes came as the pandemic saw more people get comfortable with marijuana use.

“I think the stigma is definitely going to lessen. I think it did during the pandemic … I think we have a lot of new customers in the cannabis industry because of the pandemic,” Yeager said. “The more we sort of move forward as an industry, consumers will become more comfortable with it.”

Here’s a look at the bills that passed during the session related to the state’s marijuana industry and the work of the CCB, all of which have been signed into law by Gov. Steve Sisolak:

AB341: Authorizing cannabis consumption lounges

The biggest change for the marijuana industry from the 2021 legislative session comes by way of AB341, a bill that provides for the licensing and regulation of cannabis consumption lounges by the CCB.

The measure, introduced by Yeager, has been heralded as a major step by many in and around the industry as a way to increase diversity in the state’s disproportionately white group of cannabis business owners. Throughout the session, the Las Vegas-based assemblyman also described the consumption lounges as a way for the state to solve tourists’ dilemma of having no legal place to consume cannabis.

“I see that only as a plus from the tourism aspect,” Yeager told The Nevada Independent in an interview. “But then on the local side, right, being able to bring in new players into the business, having that create jobs — that's really important coming out of the pandemic.”

Assemblyman Steve Yeager on the final day of the 81st session of the Legislature on Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Though a cannabis consumption lounge does already exist near Las Vegas in the form of NuWu Cannabis Marketplace, which sits on the land of the Las Vegas Paiute Tribe, Yeager’s bill allows for the first state-licensed and regulated locations where Nevadans will be able to consume cannabis outside of their homes — and where tourists will be able to legally use marijuana products. 

Lounges will be restricted to people 21 and over, and venues will be able sell ready-to-consume or single-use products, although not in quantities that would make them de facto retail cannabis dispensaries.

Scot Rutledge, a lobbyist who serves on the advisory board of the Chamber of Cannabis, a nonprofit organization whose members include individuals and businesses within the marijuana industry, said that many members have expressed enthusiasm about the lounges.

“There’s a tremendous amount of excitement because this is the first time in Nevada we're providing for a new license type,” Rutledge said. “The intent is to allow folks who aren’t in the industry to have as much of a chance, if not more, to participate.”

The bill allows for the initial licensing of up to 20 independent consumption lounges and 20 retail consumption lounges that will be attached to existing dispensaries, with the possibility of additional independent licenses if the CCB approves more than 20 retail lounge licenses before June 30, 2022.

Those new licenses open up the possibility of expanding diversity within the ownership of the industry, which has been limited in the past. A demographic report on the state’s cannabis industry released by the CCB in February showed that marijuana business owners and board members in Nevada are disproportionately white and male, compared to the industry workforce, which is made up of a greater proportion of people of color.

The bill explicitly prioritizes expanding diversity within the industry by requiring at least 10 of the first 20 independent lounge licenses to be issued to social equity applicants.

“Those 10 licenses are reserved for social equity applicants, and if there aren't any, they stay there until there is. They don't get redistributed among other people,” Yeager said. “We're purposely holding some back, which I'm hoping is going to help us achieve the purpose.”

However, the definition of a social equity applicant is left up to the discretion of the CCB. Klimas said that definition will be established with the help of an equity, inclusion and diversity subcommittee formed under the Cannabis Advisory Commission.

“We'll need to define what a social equity applicant is. That's really the start of it,” Klimas said. “What does it mean to be an individual that has been harmed by the War on Drugs and how can we help get those individuals into this industry.”

The measure also allows the CCB to give more financial leeway to social equity applicants. An application for a retail consumption lounge costs $100,000, but an application for an independent consumption lounge costs $10,000, and the license issuance and renewal fees are each $10,000 for both types of lounges. But the bill also allows the board to reduce all fees by up to 75 percent for a social equity applicant.

Outside of social equity, the bill leaves much of the regulatory work to the board, with the ability for local governments to provide additional regulations through ordinances.

“We just didn't believe that 120 days was really enough time to sort of figure out some of the details around how these venues might be operated or all of the things that need to be considered in licensing those businesses,” Rutledge said. “So I think we did it the right way by deferring a lot of those decisions to the CCB.”

Klimas said that prior to the licensing of lounges, the board will spend the next several months developing the regulations for the new cannabis establishments, through workshops, board meetings and advisory commission meetings.

The 2018 licensing round, conducted by the Department of Taxation, was marred by accusations that state officials played favorites and unevenly distributed key information about application scoring.

“Given some of the past licensing processes, this process is going to be about openness and transparency and thoroughness to ensure everybody's on the same page and the board is very public in how we're going to do things,” Klimas said.

Even though the CCB will complete most of the regulatory work, Rutledge emphasized that there is a certain framework he and other cannabis advocates hope to establish for the lounges. One aspect of that came from law enforcement, which did not want to see marijuana and alcohol sold in the same place. Another is focused on ensuring that businesses have more freedom in operating their lounges, because the bring-your-own-marijuana model has been ineffective for such businesses outside of Nevada.

“We also understood that what they had done in Denver originally … that didn't allow these lounges to sell cannabis — it was a bring your own cannabis model — and those did not work very well, either.” Rutledge said. “The idea of having just a place where patrons who purchase cannabis of your dispensary could walk in and consume and leave with really no entertainment or food or beverage. That wasn't what we wanted to get to.”

Layke Martin, executive director of the Nevada Dispensary Association, said both the retail and independent lounges could foster new ideas within the industry.

“I think there's a lot of opportunity for creativity and entrepreneurship,” Martin said. “I think a lot of these can become a destination, in and of themselves. And so it could be a video game thing where you can also consume cannabis. Or it could be like a tasting room situation where you can also consume cannabis, and you have the opportunity to get educated and try new products, kind of like a tasting room in a winery.”

Martin also noted that several existing dispensaries, including Planet 13 and The Apothecary Shoppe, have been planning for the possibility of lounges since the idea was brought forward and then axed during previous legislative sessions. She said that “some already have the space ready to go.”

Dispensary with casinos in background
Planet 13 Cannabis Dispensary located near the Las Vegas Strip is seen Friday, Dec. 6, 2019. (Jeff Scheid/The Nevada Independent)

While Klimas said that it likely won’t be until the beginning of next year or even mid-2022 when the new licenses “come on board,” Yeager sees the lounges as a way to help boost the return of the state’s economy.

“I can tell you without a doubt that Vegas is back in a really big way, and I think the addition of consumption lounges is only going to add to that,” Yeager said. “I actually think it's going to put Las Vegas on the map, to the extent that it isn't already, to be the cannabis destination, especially if we're able to open up some really interesting, innovative concepts.”

The Assembly and Senate approved the bill 29-12 and 17-3, respectively, with the Senate passing the bill on the last day of the session, as Sens. Dina Neal (D-Las Vegas) and Fabian Doñate (D-Las Vegas) were the only members of their party to oppose the measure.

Customers gather inside NuWu Cannabis Marketplace at 1235 Paiute Circle on Thursday, March 14, 2019. The dispensary is owned by the Las Vegas Paiute Tribe. (Jeff Scheid/The Nevada Independent)

AB149: Increasing transparency of cannabis testing

This bill, sponsored by Assemblywoman Sarah Peters (D-Reno), requires the board to develop, implement and maintain an online database where the public can find information about cannabis products tested by laboratories in the state.

The CCB still needs to receive approval from the Legislature’s Interim Finance Committee in order to fund the database, which is projected to cost nearly $250,000 over the next two years, but Klimas expressed enthusiasm about offering the feature to consumers.

“It's just another level of transparency that we can bring out. I would do it tomorrow if I had the capacity to do it,” he said. “This data should be available for everybody to use. Right now, you can go to a dispensary, and if you purchase a product, you can ask for the certificate of analysis. So you can see that kind of information, [but] some people don't know they can ask for it.”

Some of the state’s independent labs have in the past voiced concerns about transparency. In 2019, an association of four marijuana testing labs rebuked certain unidentified labs over allegations that the labs were inflating THC content readings and giving fewer samples a failing grade in an attempt to attract more business.

The measure builds off of existing law that requires the CCB to establish standards for independent cannabis testing labs, which test cannabis and cannabis products for a variety of factors, including for microbial substances (bacteria, molds, and yeasts), potency of the product (cannabinoid and terpenoid profiling), heavy metals and pesticides.

The information available online will be based off of the seed-to-sale tracking that the board uses to track cannabis products as they are grown and sold throughout the state, and the database also will be required to contain the final results of all testing performed on cannabis products by an independent lab.

The Assembly and Senate approved the bill with no opposition. Sen. James Ohrenschall (D-Las Vegas) did not vote on the measure because his wife, Riana Durrett, is a member of the CCB.

A cannabis bud in a gloved hand
Priscilla Vilchis, CEO of Premium Produce, inspects a cannabis bud at her grow facility in Las Vegas on Tuesday, Dec. 4, 2018. (Jeff Scheid/The Nevada Independent)

SB168: Curbside pickup for cannabis products

Sponsored by Sen. Roberta Lange (D-Las Vegas), this bill authorizes and allows dispensaries to offer curbside pickup in accordance with regulations adopted by the CCB. The measure legalizes a practice first allowed last year when the state was still in a coronavirus-related stay-at-home order.

Some of the present-day features of curbside pickup include designated parking spaces for pickup, security cameras with a direct line of sight to those spaces and a prohibition on people less than 21 years of age being in the vehicle. 

Proponents of the measure have touted the service as beneficial to businesses and a way for customers to more conveniently obtain their products.

“Customers really liked it, actually,” Martin said. “If you go through reviews of dispensaries, you'll often see curbside pickup positively viewed as a feature.”

The measure additionally allows local governments to adopt ordinances regulating curbside pickup beyond the rules adopted by the board.

The bill was approved in a 35-6 vote in the Assembly and a 19-1 vote in the Senate, and the governor signed the measure on May 27.

Parking space marked for Thrive Dispensary
A parking space outside the future Thrive dispensary in Reno on Sept. 27, 2019. Photo by David Calvert.

SB122: Extra health and safety training for cannabis employees

This bill, sponsored by Sen. Chris Brooks (D-Las Vegas), requires employees of cannabis establishments, including cultivation and production facilities and dispensaries, to complete a health and safety course developed by the federal Occupational Safety and Health Administration (OSHA) within one year of being hired.

Employers are required to cover the cost of the training and are required to fire an employee who has not completed the training within one year. Employees hired before July 1, 2021 are required to complete the OHSA training program by July 1, 2022, and certain employees not involved in the day-to-day operations of an establishment, as well as communications and legal employees, are excluded from the requirement.

The required training includes a 30-hour course for supervisory employees and a 10-hour course for other employees, which must be conducted by an authorized outreach trainer and may be online or in person.

Though there are other training requirements already in place for employees of cannabis businesses, Martin emphasized the importance of such training.

“It's a highly regulated industry. Safety and security [are] paramount,” she said.

The bill passed 31-11 in the Assembly and 14-7 in the Senate, with some Republican lawmakers voting against the measure. During a committee vote on the bill in March, a few Republican senators expressed concerns that the bill would be onerous and unnecessary for retail employees in the industry.

Criminal justice changes

AB400: Marijuana DUIs

This Yeager-sponsored measure, which went into effect on July 1, removes specific “per se” limits for cannabis metabolites that if found in a person’s blood would trigger a DUI — except for in cases where the DUI is punishable as a felony, including those that caused someone’s death or substantial bodily harm. Cannabis metabolites are the substances that form when THC is broken down in the body.

Under this law, drivers generally will be considered to be under the influence of marijuana if the substance has impaired their ability to safely operate their vehicle, instead of having impairment determined by a test for a specific amount of marijuana in their blood or urine.

“There's no scientific basis toward ‘per se’ limits,” Rutledge said. “That's problematic for anyone who consumes cannabis, certainly. It's especially cruel to patients who theoretically consume larger amounts of THC than the average recreational consumer and may not actually be under the influence while operating a vehicle.”

Yeager explained that the science has shown for years that the “per se” limits are not an accurate reflection of impairment because cannabis is metabolized differently in different people’s bodies.

“I was up at the session in 2013 and 2015 as a lobbyist,” he said. “And I remember talking back then to folks in the Legislature about the DUI laws because cannabis is this weird ... space because it's federally illegal but legal in the state. And our state laws around DUI really contemplate its federal illegality, and we're almost zero tolerance.”

Yeager said that it took a long time for other people to get comfortable with the idea behind the bill and realize that impairment for cannabis cannot be treated the same as alcohol, which ultimately led to his measure passing during the 2021 session.

The bill was passed along party lines in the Assembly with Republicans opposed and passed out of the Senate on a 15-6 vote, with some Republican senators opposed.

AB158: Lessening penalties for minors possessing marijuana

This bill from Assemblywoman Daniele Monroe-Moreno (D-North Las Vegas) significantly lightens penalties for minors who purchase or possess alcohol or cannabis, including prohibiting jail time and fees for first and second offenses.

In an interview with The Nevada Independent, Monroe-Moreno framed the measure as a way of being constructive with children who make mistakes, rather than strictly punitive. Proponents of the measure have described the bill as another way to help the communities most negatively affected by the War on Drugs.

For people under the age of 21 who are found guilty of a misdemeanor for possessing, consuming or purchasing alcohol or possessing less than one ounce of cannabis, the bill replaces misdemeanor penalties of up to six months jail time and up to a $1,000 fine with penalties of up to 24 hours of community service and a requirement to attend a meeting of a panel of victims injured by a person who was driving under the influence of alcohol or a controlled substance.

The bill also revises the penalties for a second violation to require up to 100 hours of counseling or participation in an educational program, support group or treatment program.

The measure was approved unanimously in the Assembly and Senate and was signed into law by the governor on May 28.

AB326: Cracking down on the illicit market

Sponsored by Assemblyman Tom Roberts (R-Las Vegas), who previously worked for the Las Vegas Metropolitan Police Department, this bill aims to curb the state’s illegal cannabis market by authorizing a district or city attorney to bring a civil action — with a penalty of up to $50,000 — against any person who engages in a cannabis business activity, including cultivating and selling cannabis, without a license. Someone who commits such a violation could still be subject to a criminal prosecution.

The bill also seeks to bring more transparency to existing businesses, while restricting illegal marijuana delivery services, by requiring all advertising for a cannabis establishment to contain the establishment’s name and license number.

“It's really intended to keep the black market, the illicit market, from operating within the shadow of the legal market,” Martin said.

The bill received no opposition in votes in the Assembly and Senate, with Ohrenschall recusing himself from the vote when it passed out of the Senate on May 21.

Regulatory changes

SB168: Granting the CCB regulatory power over packaging and labeling

In addition to making curbside pickup a permanent feature for cannabis businesses, this measure authorizes the board to adopt regulations for the packaging and labeling of cannabis and cannabis products.

“We have really extensive packaging and labeling regulations on the books right now,” Klimas said. “What this bill allows and recognizes is that this is an ever-evolving industry, so let's make sure the board has the power to … host workshops and get stakeholder feedback both from the public and the industry. And if we need to make changes on packaging and labeling, then we can do that and we don't have to wait every two years.”

Klimas added that the board will regularly host workshops focused on labeling and packaging, so that the agency can “constantly stay ahead” on regulations.

The bill was approved in a 35-6 vote in the Assembly and a 19-1 vote in the Senate.

A customer and retailer exchanging money at a cannabis retailer
A medical marijuana patient, right, pays for cannabis at Reef Dispensaries at 3400 Western Ave. on Wednesday, Feb. 15, 2017. (Jeff Scheid/The Nevada Independent)

SB49: Changes to CCB disciplinary hearings

This bill, brought forward on behalf of the CCB, makes a number of changes to disciplinary hearings conducted by the board — including authorizing the CCB to employ support staff for conducting such hearings, authorizing the chair of the board to grant extensions to the 45-day requirement within which hearings must be held and removing an authorization for the board to take the testimony of a witness by deposition because of the intensive time and resources typically required for depositions.

The measure also removes a barrier for minor stakeholders in cannabis businesses, allowing the board to adopt policies for waiving the registration requirements for people who have an ownership interest of less than 5 percent in the establishment. That provision is meant to lighten the burden for publicly traded companies.

David Staley, an audit investigator for the board, said during a February hearing for the bill that the background check and registration requirements can be restrictive for publicly traded companies with thousands of shareholders that have shares traded on a daily basis.

Under this bill, the labeling of cannabis products offered for sale is required to include the words “THIS PRODUCT CONTAINS CANNABIS,” rather than “THIS IS A MEDICAL CANNABIS PRODUCT” or “THIS IS A CANNABIS PRODUCT.”

No lawmakers voted against this bill; the measure passed 41-0 and 20-0 in the Assembly and Senate, respectively.

SB278: Clarifies the cannabis wholesale tax

Sponsored by Sen. James Settelmeyer (R-Minden), this bill clarifies the definition of “wholesale sale” for the purpose of the marijuana excise tax.

“It just clarifies [that] facilities that are owned by the same individuals can move product back and forth if one facility is more capable of performing a function than the other one,” Klimas said. “That just clarifies … when that is actually taxed.”

The bill passed through both chambers with no opposition and was approved by the governor on June 3.

SB404: Authorizes regulations for cannabis weighing and measuring equipment

Brought forward on behalf of the Governor’s Office of Finance, this bill authorizes the State Sealer of Consumer Equitability to adopt regulations for cannabis weighing and measuring equipment. The bill is meant to update existing law, which did not previously include references to cannabis-specific equipment.

The measure passed 20-0 out of the Senate, while members of the Assembly voted to pass the bill 33-8, with some Republican lawmakers opposed.

Cannabis on display at Reef Dispensaries, 3400 Western Ave., on Wednesday, Feb. 15, 2017. Photo by Jeff Scheid.

Other bills

AB101: Authorizes veterinarians to administer CBD products to animals

This measure, sponsored by Yeager, authorizes licensed veterinarians to administer products containing CBD or hemp in the treatment of an animal and to recommend use of such products to pet owners. It also prohibits the state Board of Veterinary Medical Examiners from taking disciplinary action against veterinarians who administer or use such products.

As Yeager notes, this bill — nicknamed the “pot for pets” bill — does not actually deal with marijuana, as do several other measures he sponsored. Cannabis contains more THC and less CBD, while hemp products (authorized for use by this bill), contain more CBD and less THC. The two compounds are both found in plants of the Cannabis genus.

“It was surprisingly easy to get through, this time,” Yeager said of the measure, which has been considered but rejected in past legislative sessions. “And maybe that's just the comfort level that we have, Nevadans have, not just with the cannabis industry but certainly with CBD. I think a lot of people have experience with CBD at this point.”

The bill was approved 40-0 in the Assembly and 20-0 in the Senate, before being signed into law by the governor on May 28.

SB58: Investigations into cannabis offenses

Brought forward on behalf of the Investigation Division of the Department of Public Safety, this measure is aimed at improving coordination between state agencies during cannabis-related investigations by requiring the division to provide investigative services to help carry out criminal investigations relating to cannabis when requested by the CCB, Department of Taxation or Division of Public and Behavioral Health.

This legislation passed with no opposition in the Assembly or Senate.

Failed licensing efforts

While lawmakers authorized the licensure of 40-plus new cannabis establishments through consumption lounges, discussions of adding other new license types stalled during the session.

SB235: Dual licensing

This measure, sponsored by Sen. Dallas Harris (D-Las Vegas), would have allowed the CCB to issue cannabis establishment licenses in excess of the caps set by the state when the licensing of adult-use cannabis dispensaries began. The new licensing procedure, intended to prioritize social equity applicants and increase the number of new licenses, would be determined by a study conducted by the board every two years.

However, the bill was met with significant backlash, even sparking internal conflict within the Nevada Dispensary Association that resulted in some members leaving the group. Some smaller operators within the association favored an amendment that sought to give those who lost out during a 2018 round of licensing a chance to receive a license.

The amendment, which would have established a path for adding a significant number of new licenses for those who lost out in 2018, reignited arguments from a yearslong legal battle over the previous licensing round and disputes about whether the market can support a large number of new marijuana stores.

As of June, there were 85 active dispensaries licensed by the CCB, with the possibility for roughly 40 more dispensaries approved during the 2018 licensing process. Unlike other business types, the number of retail cannabis stores in the state is strictly capped. 

Nevada law allows counties to have a certain number of dispensary licenses based on population, with current numbers allowing for up to 80 licenses in Clark County, 20 licenses in Washoe County, four licenses in Carson City and Lyon County, and two licenses in all other counties. However, local regulations can further restrict the number of licenses allowed in a county.

Though Yeager never heard the measure in the committee he chaired, he said there was a lot of controversy surrounding the idea. 

“The industry itself was so conflicted on that concept, and it just kind of blew up,” he said.

The legislation never received a vote on the Senate floor.

Medical marijuana and retail customers stand in line to check out at The+Source dispensary in Henderson on Thursday, November 9, 2017. (Jeff Scheid/The Nevada Independent)

AB322: Licensing cannabis events

Sponsored by Assemblyman C.H. Miller (D-North Las Vegas), this bill aimed to establish a form of “micro-licensing” by allowing the CCB to issue a new license type for cannabis events where products could be sold and consumed. Events could be similar to food festivals, for example, where different vendors sell marijuana products at the event and attendees are able to consume the products at the event.

With a financial impact estimated to be in the millions by the CCB, the measure never received a hearing in the Assembly’s money committee but was touted as a positive next step by proponents of other cannabis legislation.

“I think it's a good concept,” Yeager said. “I think we were just very wary of doing too much at one time, given how long it's taken us to get cannabis lounges up … Probably, [the] next step is cannabis events and licensing of larger events because the truth is people are consuming those events anyway. We know that, so we probably should regulate it in some fashion.”

Even though the CCB will only have two new types of licenses to work on over the next two years with the addition of retail and independent consumption lounges, Klimas said the board is still thinking about future rounds of licensing.

“Obviously lounges will be a licensing round, but when we're talking about the traditional establishments, like cultivation, production and retail, we're going to open up those licensing rounds at some point,” Klimas said. “But we want to make sure that those decisions on how many to award, how many to open up are driven by data.”

Though an effort to establish a cannabis market study failed with SB235, Klimas said that the board is still planning to perform a comprehensive study of the industry, likely conducted by a third party that Klimas hopes will provide an unbiased look at the market.

“We want to know what is the health of the market in the state of Nevada, what's our supply, what's our demand, what are our needs,” Klimas said. “That's going to be something exciting over the next year or two to get those results and see where this industry needs to continue to mature towards and how the CCB is going to facilitate that. That'll likely end up and result in new legislation that we’ll bring forth in the 2023 legislative session.”

From health care transparency to a public option, lawmakers largely drilled into non-pandemic health care issues in 2021 session

When lawmakers kicked off their 120-day legislative session in February, the state was still recovering from a brutal winter surge of COVID-19, which saw a thousand new cases of the virus reported across the state each day.

Lawmakers early in the session came forward with some modest proposals to address the pandemic — including a bill to give workers paid time off to get vaccinated — but it was unclear at that point what COVID-19’s trajectory in the Silver State would be. With an influx of federal financial support boosting the state’s pandemic response, it wasn’t always easy to tell where lawmakers could be of most help. With sessions slated for only 120 days every other year, it also wasn’t clear they could craft policy responsive enough to the ever-changing needs created by the pandemic.

Instead, lawmakers generally focused on a host of other important, but perhaps less high-profile, health care proposals, from legislation to support the provision of telehealth services in the state, which became all the more popular during the pandemic, to a bill that would provide for Medicaid coverage of community health workers. They also honed in on data transparency, hearing bills that would make changes to the state’s drug pricing transparency program and establish an all-payer claims database in an effort to better understand the health care landscape in the state.

Lawmakers also took up a last-minute bill to establish a state-managed public health insurance option in Nevada, the second-ever to be approved in the nation. Despite reservations from Republican lawmakers — and even from some Democrats — the Legislature introduced and approved the bill in just a little more than a month with some strong-arming by Senate Majority Leader Nicole Cannizzaro (D-Las Vegas), who spearheaded the legislation. 

Behind the scenes, there were frustrations, though, among health care lobbyists. Industry lobbyists, for instance, were caught off guard that Cannizzaro hadn’t involved them in the process of developing the public option bill and dropped the proposal on them in the final weeks of the session.

“I can tell you that when there are very challenging things that occur within health care, when you lock us all in a room, we tend to find solutions,” Tom Clark, lobbyist for the Nevada Association of Health Plans, said during the bill’s first hearing.

Bobbette Bond, policy director for the Culinary Health Fund, also said it was difficult to craft good policy in a legislative environment so heavily shaped by the pandemic. For much of the session, the legislative building was closed to the public and committee meetings were only able to be attended virtually.

“It was hard to get revisions made. It was hard to have good conversations about what could be done. It was hard to build stakeholders,” Bond said. “It was hard to communicate, and I think the policy suffered for that.”

Bond also expressed dismay in the two-thirds requirement for passing tax increases, on the grounds that it has prevented lawmakers from tackling more ambitious health care legislation. Because there isn’t more funding to go around, including to support health care, she said lawmakers have turned to putting mandates on industry.

“The mandates … end up substituting for actual public health policy,” Bond said.

The Culinary Health Fund, which is the health insurance arm of the politically powerful and Democratic-aligned Culinary Union, did, however, continue to play a significant role in shaping health care policy this session with Democrats remaining in control of both chambers of the Legislature. Other industry representatives, who often work collaboratively with Democratic lawmakers but more often align with Republicans on business priorities, had less of an upper hand.

Mike Hillerby, a longtime lobbyist on health care issues in the state, said Nevada loses “a lot of subtlety in the public policy debate” when the discussion is “driven by the relationship between a couple of unions and a couple of hospital chains.”

“That drives so much of what we do, and it's so contentious. Look at balance billing from 2019. Look at some of the stuff this time, and everything's driven by that. That's not indicative of the market and the rest of Nevada. That's not indicative of what's happening with providers and patients and payers in rural Nevada, in the Reno area, and yet so much of it is driven by that and that financial reality, that bargaining relationship, those contractual relationships,” Hillerby said. “We just lose a lot of the subtlety and the ability to make better decisions.”

Here’s a look at some of the health policies that passed this session and others that didn’t.

Gov. Steve Sisolak signed several pieces of public health-related legislation into law in Las Vegas on Wednesday, June 9, 2021. (Jeff Scheid/The Nevada Independent)

Public option

The highest-profile piece of health care legislation to pass this year, SB420 — Nevada’s public option bill — was introduced with just a little more than a month left in the legislative session by Cannizzaro, the Senate majority leader. Proponents were quiet about the legislation for the first couple of months of the session until Cannizzaro was asked by a reporter in mid-April about the proposal and health care lobbyists started receiving briefings from consultants on the concept.

The bill, which builds upon previous public option proposals introduced in Nevada in 2017 and 2019, aims to leverage the state’s purchasing power with Medicaid managed care organizations — private insurance companies that contract with the state to provide coverage to the state’s low-income population — to get insurers to also offer public option plans. The plans will resemble existing qualified health plans on the state’s health insurance exchange, though they will be required to be offered at a 5 percent markdown with the goal of reducing the plans’ premium costs by 15 percent over four years. The plans won’t be offered for sale on the exchange until 2026.

The proposal cleared both the Senate and Assembly on party line votes and was signed into law in early June by Gov. Steve Sisolak, making Nevada the second state in the nation after Washington to enact a state-based public health insurance option into law. Colorado became the third state to establish such a policy in mid-June.

Though the legislation was heavily opposed by the health insurance industry — with some groups running ads and sending mailers opposing the proposal — Cannizzaro muscled the bill through the Legislature as the clock counted down to the end of the 120-day session. The bill easily cleared the Senate — where Cannizzaro, as majority leader, controls which bills come to the floor — and Democratic leaders in the Assembly threw their support behind the bill shortly thereafter, setting aside concerns about whether the bill can accomplish its goals of improving health care access and affordability.

“It's not a secret I have been skeptical of this bill from the very beginning, but I've seen the amendments, and I have talked to a number of the different proponents of the bill and opponents of the bill on it,” Assembly Ways and Means Chair Maggie Carlton (D-Las Vegas) said in late May, shortly before allowing the bill to be voted out of her committee. “I feel much more comfortable knowing that, in the future, the people that are in this building now that do come back are well aware of what's going on, and I trust them to make the best decisions they can to protect the constituents of this state.”

In her remarks, Carlton was referring to the long runway the bill establishes before the public option actually goes into effect, leaving time for the state to conduct an actuarial study to figure out whether the bill actually accomplishes the goals it sets out to and two legislative session in 2023 and 2025 for lawmakers to make any tweaks to the policy as necessary.

Heather Korbulic, who as head of the state’s health insurance exchange will have a key role in shaping the policy’s implementation, has said she plans to bring stakeholders together to “outline the actuarial study and conduct a meaningful analysis of the public option as it relates to every aspect of health care throughout the state.” 

Richard Whitley, director of the Department of Health and Human Services, said in an interview earlier this month that the public option isn’t “a single solution” but “does definitely enhance the opportunity for individuals to gain access to health care.”

“I think of this as an option for coverage,” Whitley said. “It definitely enhances that overall framework of health care coverage.”

Nuclear medicine technologist Vanessa Martinez, views scans at Lou Ruvo Center of Brain Health, on Tuesday, June 11, 2019. (Jeff Scheid/The Nevada Independent)

Transparency and data efforts

For the last two legislative sessions, lawmakers have focused on prescription drug cost transparency, passing a first-in-the-nation diabetes drug transparency law in 2017 and expanding that law to include asthma drugs in 2019. This year, lawmakers built upon those transparency efforts by passing legislation requiring transparency from more portions of the health care industry.

This year, lawmakers approved a bill, SB40, to establish what’s known as an all-payer claims database — a state database of claims of medical, dental and pharmacy services provided in the state. The law requires all public and private insurers regulated under state law to submit their claims to the database and authorizes insurers governed by federal law — such as the Culinary Health Fund — to submit their claims to the database. A similar bill proposed during the 2019 legislative session failed to move forward in the final minutes of that session, though the concept was revived by the Patient Protection Commission, which brought SB40 forward this session.

The bill, however, required extensive work when it got to the Legislature, with state Sen. Julia Ratti (D-Sparks) taking the bill under her wing as chair of the Senate Health and Human Services Committee and working with industry advocates — including the Nevada Association of Health Plans, the Nevada State Medical Association and the Nevada Hospital Association — to finalize the legislation.

“We knew the bill was going to pass, at some level ... so we wanted to make sure that the information that was going to be collected was accurate, was consistent with what was required in other states that had all-payer claims databases and also to learn from what those other states had done so we wouldn’t make the same mistakes,” Clark, the Nevada Association of Health Plans lobbyist, said. “Fortunately, Senator Ratti and others were good to work with and we’re comfortable with the way the bill passed.”

The legislation additionally makes data contained in the all-payer claims database confidential, meaning that it is not a public record or subject to subpoena, and specifies how the information contained in it can be disclosed. It can be shared in de-aggregated form to state or federal government entities, including the Nevada System of Higher Education, and any entity that submits data to the database. Anyone else looking to obtain the data can only receive it in aggregated form by submitting a request to the Department of Health and Human Services.

Lawmakers also built upon the diabetes and asthma drug transparency bills passed in 2017 and 2019, respectively, by expanding the universe of drugs the state imposes transparency requirements on. SB380, which was proposed by an interim committee created during the 2019 session to study prescription drug costs, requires the state to compile a list of prescription drugs with a list price that is more than $40 for a course of therapy that has undergone a 10 percent price increase in the preceding year or a 20 percent increase in the two prior years.

The legislation requires drug manufacturers to submit a report to the state explaining the reason for the price increase and explaining the factors that contributed to the price increase. Meanwhile, pharmacy benefit managers, or PBMs, the middlemen in the drug pricing process, are required to submit their own reports with certain data about the drugs, including rebates negotiated with manufacturers and the amount of the rebates retained by the PBM.

The state’s drug transparency program will also, for the first time, have funding behind it, utilizing dollars that have been collected in the form of fines paid by companies for not complying with the state’s drug transparency law. The Department of Health and Human Services put a $780,000 fiscal note on the bill to allow state health officials to transfer the existing drug transparency database to the state’s Enterprise Information Technology Services Division and hire a pharmacist and management analyst to manage the drug transparency program.

SB380 was, however, only one of two bills put forward by the interim prescription drug committee to pass this session. The other was SB396, which allows the state to establish intra- and interstate drug purchasing coalitions with private entities. 

The three bills that did not pass were:

  • SB201, which would have licensed pharmaceutical sales representatives
  • SB378, which would have required at least half of the health plans offered in the state by private insurers to provide prescription drug coverage with no deductible and a fixed copayment and limit the total amount of copayments insured individuals are required to pay in a year 
  • SB392, which would have licensed PBMs and created additional rules for how PBMs can operate.

Nick McGee, senior director of public affairs for PhRMA, the drug industry advocacy organization, in an email expressed disappointment that lawmakers pursued SB380 this session while not advancing the other proposals out of the interim committee. PhRMA did, however, in the end testify in neutral on SB380.

“We are disappointed that the legislature overlooked this opportunity to address patients’ concerns related to their ability to afford and access the medicines they need,” McGee said. “Instead, lawmakers pursued onerous reporting and unnecessary registration requirements that won’t do anything to help patients afford their medicines and fail to provide transparency into why insurers are shifting more and more costs on to patients.”

Bond, the policy director for the Culinary Health Fund, which played a key role in bringing the 2017 bill to fruition, described SB380 as a “step forward,” though she said the bill didn’t end up “as strong as we would have liked.”

“It’s incremental, and it’s progress,” she said.

Lawmakers did not advance SB171, sponsored by state Sen. Joe Hardy (R-Boulder City), which would have barred most insurance companies from implementing copayment accumulator programs for any drug for which there is not a less expensive alternative or generic drug. Such programs prevent drug manufacturer coupons from applying toward patients’ deductibles and maximum out-of-pocket costs.

The Legislature additionally made a budgetary change to boost transparency, approving a request from the Department of Health and Human Services to centralize its data analysis efforts within the office of Data Analytics within the Director’s Office, while the Patient Protection Commission, which is focusing on health care spending and costs, was transferred from the governor’s office to Director’s Office as well.

Whitley, the department’s director, framed the reshuffling as an effort to bring together disparate health data collection and analysis efforts, adding that the pandemic showed the kind of real-time data the department could provide, as in the case of its COVID-19 dashboard, among other dashboards it now maintains.

“Usually people go, ‘We need more money.” Well, in government sometimes what you need is organizational structure,” Whitley said. “Putting data analytics all in one unit in my office … was really because of seeing all of the benefits that were coming out of monitoring the pandemic. That really served to inform what we could be doing.”

The Legislature also made a significant change to the Patient Protection Commission this session, transforming it from a largely industry-focused body to one instead made up largely of non-profit health industry representatives and patient advocates. AB348, sponsored by Carlton, requires the commission be made up of:

  • two patient advocates
  • one for-profit health care provider
  • one registered nurse who practices as a nonprofit hospital
  • one physician or registered nurse who practices at a federally qualified health center 
  • one pharmacist not affiliated with any retail chain pharmacy, or a patient advocate
  • one public nonprofit hospital representative
  • one private nonprofit health insurer representative
  • one member with expertise advocating for the uninsured
  • one member with expertise advocating for people with special health care needs
  • one member who has expertise in health information technology and works with the Department of Health and Human Services
  • one representative of the general public.

The bill also makes the Patient Protection Commission the sole state agency responsible for administering and coordinating the state’s involvement in the Peterson-Milbank Program for Sustainable Health Care Costs, a program that provides technical assistance to states developing targets for statewide health care spending trends. 

Health care industry representatives have, however, chafed at the reduction — or in the case of the drug industry, removal — of their representation on the commission. McGee, from PhRMA, said the change “[undermines] the ability of the commission to provide a comprehensive perspective.”

But Bond, a commission member whose ability to serve will be unaffected by the policy shift, said the change would give patients and consumers more of a voice.

“I understand the concerns about losing representation from the industry, but I also believe that industry has other places where they get represented,” Bond said. “They have the Nevada Hospital Association, the pharmaceutical industry has PhRMA. They get well represented in their core arena. Patients really don't have a core arena they can go to.”

The Patient Protection Commission’s other bill this session, SB5, also was approved by lawmakers, making a number of changes to telehealth in the state. That bill also contains a data transparency component, requiring the Department of Health and Human Services, to the extent money is available, to establish a data dashboard allowing for the analysis of data relating to telehealth access.

Another big bill that tried to tackle health care costs this session, AB347, sponsored by Assemblyman David Orentlicher (D-Las Vegas), died without receiving a vote. The ambitious bill, among other provisions, proposed establishing a rate-setting commission “to cover reasonable costs of providing health care services” while ensuring providers “earn a fair and reasonable profit.” The bill also would have raised Medicaid payments to Medicare levels via a provider tax.

Northeastern Nevada Regional Hospital staff gather in the emergency room area in Elko
Northeastern Nevada Regional Hospital staff gather in the emergency room area in Elko on Tuesday, April 3, 2018. (Jeff Scheid/The Nevada Independent)

Antitrust in health care

Lawmakers approved two antitrust in health care bills this session. The first one, AB47, requires parties to certain reportable health care or health carrier transactions to submit a notification to the attorney general with information about the transaction at least 30 days before it is finalized. Reportable transactions include material changes to the business or corporate structure of a group practice or health carrier that results in a group practice or health carrier providing 50 percent or more of services within a geographic market.

The bill, which was presented by the attorney general’s office, also prohibits employers from bringing court actions to restrict former employees from providing services to former customers or clients under certain circumstances and bars noncompete agreements from applying to employees that are paid on an hourly wage basis.

The bill attracted opposition from the Nevada Hospital Association and the Nevada State Medical Association. During a May hearing on the bill, Jesse Wadhams, a hospital association lobbyist, thanked the attorney general’s office for working with them on the bill but said the association still could not support the legislation.

“We believe the policy itself comes from a faulty premise,” Wadhams said. “We believe policies should promote more physicians, more access to care and more investment in the health care community.”

Another bill, SB329, requires hospitals to notify the Department of Health and Human Services of any merger, acquisition or similar transaction. It also requires physician group practices to report similar transactions if the practice represents at least 20 percent of the physicians in that specialty in a service area and if the practice represents the largest number of physicians of any practice in the transaction. The legislation, sponsored by state Sen. Roberta Lange (D-Las Vegas) and pushed for by the Culinary Health Fund, requires the department to publish that information online and write an annual report on that information.

Another section of the bill allows the attorney general or other individuals to bring a civil action against a health care provider that “willfully” enters into or solicits a contract that bars insurance companies from steering insured individuals to certain health care providers, putting health care providers in tiers or otherwise restricting insurers. It also makes such an action, known as “anti-tiering” or “anti-steering,” a misdemeanor. (A final amendment to the bill reduced the penalty from a felony to a misdemeanor.)

“I think this is one of the early steps in what will probably be a national trend,” Bond, of the Culinary Health Fund, said in an interview. “I think contract provisions are going to become more and more antitrust looking.”

The bill was opposed by the Nevada Hospital Association and individual Nevada hospital systems and hospitals.

“The technical elements of this and eliminating antitrust provisions by themselves are not the problem we have with this bill — it is making sure that it doesn’t impede the open contracting that occurs otherwise in this highly competitive environment,” Jim Wadhams, a lobbyist for the hospital association, said during a May hearing on the bill.

Tristian McArthur cares for an infant inside the Neonatal Intensive Care Unit at Sunrise Hospital on Tuesday, Dec. 4, 2018. (Daniel Clark/The Nevada Independent)

Medicaid

In perhaps the most substantial victory for health care providers this session, lawmakers rolled back a 6 percent Medicaid rate decrease approved by the Legislature during a budget-slashing special session last summer.

Legislative fiscal analysts projected the move would restore about $300 million in Medicaid funding both in the current fiscal year and in the upcoming biennium, including about $110 million in general fund spending.

“Nevada faced an unprecedented state budget crisis,” Bill Welch, CEO of the Nevada Hospital Association, and Jaron Hildebrand, executive director of the Nevada State Medical Association, wrote in a letter to the governor in May. “The work you did alongside the Nevada Legislature to restore funding to hospitals and providers will be instrumental in safeguarding the health care available to many Nevadans.”

Lawmakers made a number of other changes to Medicaid services as well, providing for coverage of doula services in AB256 and community health workers in AB191. The public option bill, SB420, also contained several Medicaid provisions, including one section providing that pregnant women are considered presumptively eligible for Medicaid without submitting an application for enrollment and another prohibiting pregnant women who are otherwise eligible for Medicaid to be barred from coverage for not having resided in the United States long enough to qualify.

On the mental health front, SB154 requires the state to apply for a waiver to receive federal funding to cover substance use disorder and mental health treatment inside what are known as institutions of mental disease — or psychiatric hospitals or residential treatment facilities with more than 16 beds. Medicaid has long been barred from paying for care in such facilities, but states were recently given the ability to apply to the federal government to cover these services through Medicaid via a federal waiver.

Lawmakers also approved AB358, sponsored by Assembly Speaker Jason Frierson (D-Las Vegas), which will allow for a more seamless transition of incarcerated people to Medicaid upon release from prison. The bill requires a person’s Medicaid eligibility to only be suspended, rather than terminated, when they are incarcerated and specifies that individuals who were not previously on Medicaid should be allowed to apply for enrollment in the program up to six months before their scheduled release date. The bill also requires eligibility for and coverage under Medicaid to be reinstated as soon as possible upon an individual’s release.

In a major victory for families of children with autism, lawmakers passed SB96, which boosts reimbursement rates for autism services.

A member of the Nevada National Guard places a swab in a container after performing a COVID-19 test at the Orleans on Wednesday, May 13, 2020. (Jeff Scheid/The Nevada Independent)

Public health

Lawmakers, by and large, did not spend much time tackling the COVID-19 pandemic head on during their legislative session, likely a byproduct of how rapidly the situation has evolved over the last six months.

Legislators did, however, approve SB209, sponsored by state Sen. Fabian Doñate (D-Las Vegas), which requires employers to provide paid leave to employees to receive the COVID-19 vaccine and requires the Legislative Committee on Health Care to conduct a study during the 2021-2022 interim about the state’s response to the COVID-19 pandemic and make recommendations to the governor and lawmakers for the next legislative session in 2023.

They also passed SB318, also sponsored by Doñate, requiring public health information provided by the state and local health districts to “take reasonable measures” to ensure that people with limited English proficiency have “meaningful and timely access to services to restrain the spread of COVID-19.” 

Beyond COVID, the Legislature passed a number of other public-health related measures this session, including, notably, establishing a public health resource office within the governor’s office through SB424, with the goal of taking a holistic, multidisciplinary approach to public health in the state. 

Lawmakers also approved SB461, which requires the state to disburse $20.9 million of American Rescue Plan dollars to specifically to address needs spotlighted by the public health emergency including “mental health treatment, substance use disorder treatment and other  behavioral health services, construction costs and other capital improvements in public facilities to meet COVID-19-related operational needs and expenses relating to establishing and enhancing public health data systems.”

The Legislature additionally passed a few tobacco-related pieces of legislation including AB59, sponsored by the attorney general’s office, officially raising the tobacco purchase age in the state to 21 — the federal Tobacco 21 law went into effect in December 2019 — and AB360, sponsored by Assemblyman Greg Hafen (R-Pahrump), which prohibits people from selling, distributing or offering to sell cigarettes or other tobacco products to a person under 40 without first conducting age verification. Additionally, SB460, the budget appropriations bill, allocates $5 million for vaping prevention activities.

Lawmakers also approved SB233, sponsored by state Sen. Joe Hardy (R-Boulder City), which appropriates $500,000 to the Nevada Health Services Corps, a state loan repayment program for physicians and other health practitioners aimed at encouraging providers to practice in underserved areas of the state. The Legislature also approved SB379, a health workforce data collection bill that proponents say is critical for the state’s health professional shortage area designation. 

“It’s kind of nerdy, wonky data stuff, but those designations are really critical for Nevada, for loan repayment, for health service corps, for [federally qualified health center] and community health center designation and reimbursement and all sorts of stuff,” said John Packham, co-director of the Nevada Health Workforce Research Center at the University of Nevada, Reno. “We just need better data, period, on the workforce.”

Vitality Unlimited provides substance abuse treatment in Elko
Vitality Unlimited provides substance abuse treatment in Elko. (Jeff Scheid/The Nevada Independent)

Mental health

While mental health advocates have become accustomed to making slim gains each legislative session, Robin Reedy, executive director of NAMI Nevada, believes 2021 was a good session for mental health.

“For once, it’s a long list. It’s just so amazing,” Reedy said of the mental health bills that passed this session. “Everything has just been an uphill climb constantly … but this year, oh my God.”

In addition to SB154, mentioned above, key mental health bills passed this session hone in on mental health parity (AB181), implement the 9-8-8 National Suicide Prevention Hotline (SB390), bolster crisis stabilization services in the state (SB156) and remove stigmatizing language from state law referring to people with mental illness (AB421).

Lawmakers also approved bills put forward by the regional behavioral health policy boards established during the 2017 legislative session, including SB44, which aims to smooth the licensure process to boost the number of behavioral health providers in the state, and SB70, which makes changes to the state’s mental health crisis hold procedures.

Reedy attributed the increased focus on mental health this session to a “perfect storm of things coming together.”

“I think it's incredibly sad that it took a pandemic for people to actually look more at mental health — when everyone was going through some form of anxiety or depression from being isolated, from not knowing what the future held, from it being just really untenable, and everyone has different levels of acceptance of those things, and living through those things, different levels of resilience,” Reedy said. “Suddenly it's like, ‘Mental health.’ We've been working on this forever. Finally.”

But Reedy said there’s still a long way to go. For instance, she wishes that SB390, which authorizes the state to impose a surcharge on certain mobile communication services, IP-enabled voice services and landline telephone services to fund the 9-8-8 line, would have capped that charge at 50 cents instead of 35 cents. She believes had the session been a regular session and had mental health advocates been able to pack the committee room with patients, they would have been able to get that fee cap increased.

“I just don't think 35 cents is going to be enough … We’re 51st in the nation [for mental health],” Reedy said. “I know telecommunications does not want to pay to fill the hole, but that means crisis lines are going to be busy.”

A medical staff member prepares a COVID -19 vaccine during the Amazon employees Covid-19 vaccination event at the Amazon Fulfillment Center in North Las Vegas on Wednesday, March 31, 2021. (Jeff Scheid/The Nevada Independent)

Other health care bills

In addition to reigning in drug pricing costs, lawmakers passed several bills making changes to how Nevadans can access certain kinds of prescription drugs. SB190, sponsored by Cannizzaro, will allow pharmacists to dispense certain kinds of hormonal birth control directly to patients. SB325, sponsored by Senate Minority Leader James Settelmeyer (R-Minden), similarly allowed pharmacists to dispense preventative HIV medication, including PrEP.

Other prescription-drug focused bills passed this session include AB178, a bill sponsored by Assemblywoman Melissa Hardy (R-Henderson) requiring insurers to waive restrictions on the time period in which a prescription can be refilled during a state of emergency or disaster declaration, and AB177, a bill from Assemblywoman Teresa Benitez-Thompson (D-Reno) aiming to expand access to prescription drugs in people’s preferred language.

Lawmakers also passed a number of other health care related bills including:

  • SB275, sponsored by state Sen. Dallas Harris (D-Las Vegas), modernizes state laws on HIV by treating the virus the same way as other communicable diseases
  • SB342, sponsored by the Senate Education Committee, puts the legislative stamp of approval on a major partnership between the UNR School of Medicine and Renown Health
  • SB290, sponsored by state Sen. Roberta Lange (D-Las Vegas), makes it easier for certain stage 3 and 4 cancer patients to receive prescription drug treatment by allowing them to apply for an exemption from step therapy, which requires patients to approve that certain drugs are ineffective before insurance will cover a higher-cost drug 
  • SB340, sponsored by state Sen. Dina Neal (D-Las Vegas), provides for the establishment of a home care employment standards board
  • SB251, sponsored by state Sen. Heidi Seevers Gansert (R-Reno), requires primary care providers to conduct or refer patients for screening, genetic counseling and genetic testing in accordance with federal recommendations around BRCA genes, which influence someone’s chance of developing breast cancer

Several health care bills also died with the end of the legislative session, including AB351, which would have allowed terminally ill patients to self-administer life-ending medication, and AB387, a midwife licensure bill.

Remembering Juneteenth: Nevadans reflect on significance of designating newest federal holiday

The declaration of Juneteenth as a new federal holiday last week has drawn excitement in Nevada, along with a determination to ensure that the history and purpose of the holiday — which marks the day that one of the last groups of enslaved people in the U.S. was informed of emancipation — are learned and valued.  

President Joe Biden’s announcement of the new federal holiday came after a decades-long push for greater recognition of Juneteenth. It also comes in the wake of the nationwide Black Lives Matter protests against police brutality last year, after the deaths of George Floyd, Breonna Taylor, Ahmaud Arbery and other Black Americans at the hands of police. 

Some Nevadans are concerned that the new holiday may be used as an excuse to neglect remaining issues affecting the Black community, said Yvette Williams, chair of the Clark County Black Caucus.

“I think part of the problem that folks have ... [is] not necessarily that it’s a national holiday … The issue is, is it going to overshadow all the other work that’s necessary?” she explained. “In other words, are you going to give us a holiday so we can just … not make demands on the other things that need to [be done]?”

Tyler Parry, a professor of African American and African Diaspora Studies at UNLV, said he is concerned that people may seek to commercialize Juneteenth without genuinely valuing the history and purpose behind the holiday. Both Williams and Parry said there is a lot of work to be done, but that they are hopeful the new federal holiday will help spur action. 

“I think that the holiday provides a platform for civil rights activists to actually talk about the ongoing struggle for freedom,” said Parry. 

Already, local activists and government officials are trying to leverage the attention being paid to the new holiday to improve race relations and promote real change in Nevada. 

Clark County Commissioner William McCurdy II told KNPR he wants to invest federal COVID relief dollars in the economically challenged and predominantly Black area of Westside Las Vegas in order to reduce food insecurity through the development of an urban agriculture industry. 

Phil Anthony Parker stands across the street in Westside where his family lived at in the early 1940s. (Jeff Scheid/The Nevada Independent)

Juneteenth Nevada, the Nevada chapter of the National Juneteenth Observance Foundation (NJOF), has been trying to get the holiday more recognition for the past 28 years, said Deborah ‘Dee’ Evans, founder of Juneteenth Nevada and vice-chair of the NJOF. Evans credits Steve Williams, president of NJOF, for playing an integral role in getting the holiday recognized on the federal level by speaking to both Republican and Democratic representatives in Congress, as well as at local and state levels.

The NJOF has started multiple initiatives that have had an impact on the Black community in Nevada and other states, including Soul City Wifi, which provided residents of Westside Las Vegas with free wireless internet last year. The NJOF also has an education initiative that aims to promote better access to education and the inclusion of Juneteenth history in school curricula. 

“Twenty years ago, I didn’t even know about Juneteenth … but I have grandchildren and great-grandchildren, and I want them to grow up in a different world that I grew up in,” said Evans.

In particular, Evans expressed hope that the history of enslaved peoples before they were enslaved and the contributions of Black people throughout U.S. history – in science, academics, agriculture, wars and more – get more recognition in schools. 

President Abraham Lincoln announced the Emancipation Proclamation in 1863, declaring the freedom of all enslaved people in the Confederate states. Enslaved people working on plantations in Galveston, Texas did not receive word of their emancipation until June 19, 1865, marking a major step toward the emancipation of all enslaved people in the U.S. 

In addition, slavery existed in Delaware and Kentucky for nearly six months after the original Juneteenth because their state legislatures rejected the 13th Amendment after it was passed by Congress in January 1865. Enslaved people were not freed in Delaware and Kentucky until the 13th Amendment became federal law in December 1865. 

Even after 1865, there were still enslaved people of African descent in territories inhabited by indigenous peoples that were not under the jurisdiction of the federal government at the time, such as modern-day Oklahoma. 

However, Juneteenth – also sometimes referred to as “Juneteenth Independence Day,” “Freedom Day” or “Emancipation Day – is still widely celebrated to commemorate the emancipation of Black Americans in the U.S. 

“[Lincoln] knew that [the Emancipation Proclamation] would have no actual effect upon these [Confederate] states in rebellion because they didn’t recognize him as their president,” said Parry. “However, what it [did] do is [declare] to all enslaved people that … the war [was] about them and that the Union [was] there to help them gain their freedom,“ said Parry.

As a result, there was a surge in the number of enslaved people who ran away from their owners to Union-occupied territories in the Confederate States, Parry explained. 

Federal lawmakers have debated whether one type of slavery is still legal by way of a loophole in the 13th Amendment of the U.S. Constitution. Democrats in the White House introduced a joint resolution referred to as the Abolition Amendment in December 2020 that would remove the “punishment” clause from the 13th Amendment, which allows prisoners to be used as “cheap and free labor,” NPR reported.

Well before the federal designation, states have been taking steps to recognize the holiday. 

In 2011, the Legislature passed a bill calling on the governor to issue an annual proclamation to mark the holiday, making Nevada the 39th state to do so. The bill was sponsored by then-Assemblywoman Dina Neal (D-North Las Vegas) and former Assemblymen Harvey Munford (D-Las Vegas) and Joe Hogan (D-Las Vegas), and it is now enshrined in Nevada law

Democratic Assemblywoman Dina Neal at the Nevada Legislature on Feb. 4, 2019. Photo by David Calvert.

Hawaii and North Dakota approved measures to recognize the holiday earlier this year, making South Dakota the only state that has not done so.

Because the holiday fell on a weekend this year, most federal employees observed the holiday on Friday, June 18. Some states – Illinois, Louisiana, New Jersey, New York, Texas, Virginia and Washington – observed it as an official paid state holiday, according to The Associated Press

Nevada law does not allow the governor to unilaterally declare a statewide paid holiday on a weekday, according to a press release from Gov. Steve Sisolak’s office, but he signaled that could change in the future. His office added that “the Governor does look forward to working with state lawmakers to celebrate and observe Juneteenth as a weekday statewide holiday going forward.” 

Nevada is especially significant in the history of Juneteenth because it is a “battle-born state,” having secured statehood during the Civil War. In addition, Nevada has its own history of racism including rampant segregation that earned Nevada the moniker “Mississippi of the West.”

Although Juneteenth has been celebrated by African-Americans since the late 1800s, it was often overlooked in the last century and a half because “until very recently, Black voices simply haven’t been centered in the public discourse … You really don’t see Juneteenth becoming a much more recognized holiday until the civil rights [movement] … in the mid-20th century,” said Parry.

Both legal and de facto segregation have played a role in preventing Black voices from being highlighted in popular culture for much of U.S. history, he added. 

For Yvette Williams, the history, purpose and spirit of the holiday shape her identity and her hopes for the future of children in Nevada and around the nation. 

“For me, I live Juneteenth every day,” she said. “I think we should all seize the opportunity [to recognize the spirit of the holiday], including those who are … decision-makers around public policy. Here’s another opportunity for them to create policy in the spirit of freedom, equality, equity and access [to] opportunity for everybody.”

Update: This story was updated at 5:15 p.m. on 6/24/2021 to clarify that there were still enslaved people in Kentucky and Delaware after June 19, 1865.

Analysis: Which legislators had the most (and fewest) bills passed in the 2021 session?

Democrats controlled both houses of the Legislature during the 2021 session, and hundreds of high-profile Democratic measures sailed through the Assembly and Senate while a vast majority of Republican-backed measures failed to make much headway in the legislative process.

Out of 605 bills introduced and sponsored by a lawmaker this session, Democratic legislators had 63 percent of their bills and resolutions pass out of the Legislature, compared to just 18 percent for Republicans. Those in the majority party were able to pass priority measures, including bills establishing the “Right to Return,” a public health insurance option and permanent expanded mail voting, while many priorities for Republicans, such as a voter ID law, were killed without so much as a hearing.

Which lawmakers had the most success passing their bills? Which lawmakers were least successful? How did Assembly members fare compared to senators?

The Nevada Independent analyzed all bills and resolutions that were both introduced and primarily sponsored by a lawmaker and examined which of those bills passed out of the Legislature and which ones died. Of those 605 bills, 267 (44 percent) were approved by members of the Assembly and Senate, while the remaining 338 (56 percent) were left in the graveyard of the legislative session.

Those 605 measures make up only a portion of the 1,035 bills and resolutions introduced during the session — others were sponsored by committees, constitutional officers such as the secretary of state or governor, or helped implement the state budget. The 2021 session also saw fewer measures introduced than previous sessions, as the 2019 and 2017 sessions each saw closer to 1,200 bills and resolutions introduced.

State law limits the number of bills that can be introduced by any individual lawmaker — incumbent senators and Assembly members can request 20 and 10 bill draft requests, respectively, while newly-elected legislators are limited to six bills in the Assembly and 12 in the Senate. Legislative leadership for both the majority and minority parties are also allowed to introduce additional bills beyond the normal limits.

The analysis revealed that Assemblywoman Sandra Jauregui (D-Las Vegas) and Sen. Chris Brooks (D-Las Vegas) led their caucuses with the highest rate of bill passage, while Assembly members Jill Tolles (R-Reno) and P.K. O'Neill (R-Carson City) were the only Republicans who had more than half of their bills passed out of the Legislature. Eight Republican legislators ended the session with zero bills passed.

A previous analysis of votes during the 2021 session revealed that most bills passed with bipartisan support, as more than half of all votes included no opposition. But that trend was largely driven by Democrats in the majority passing their priorities while not advancing nearly as many Republican bills, with 175 more Democrat-backed measures passing out of the Legislature than measures introduced by Republicans.

The guide below explores the results of our analysis, examining the successes and failures of both parties and of individual lawmakers this session.

We’ve double-checked our work to make sure we’ve counted every vote and hearing, but if you spot something off or think a bill was missed or improperly noted, feel free to email sgolonka@thenvindy.com.

How did Democrat-sponsored legislation fare? Did any Republican lawmakers find success?

Though hundreds of the more than 1,000 bills and resolutions introduced during the session were sponsored by Democrat-controlled committees, there were only 350 measures specifically sponsored and introduced by a lawmaker from the majority party.

Many were headline-grabbing progressive bills that drew staunch Republican opposition, including expanding permanent mail-in voting (AB321) and setting up Nevada to become one of the first states to have a public health insurance option starting in 2026 (SB420).

Of the 350 bills from Democratic lawmakers, 221 (63.1 percent) passed out of both houses. However, Assembly Democrats fared slightly better than their Senate counterparts, with 65 percent of their bills passing compared with 60 percent for those in the Senate Democratic Caucus.

Senate Majority Leader Nicole Cannizzaro on the fourth day of the 81st session of the Legislature in Carson City on Thursday, Feb. 4, 2021. (David Calvert/The Nevada Independent)

The success rate of bills introduced by Republican lawmakers was dismal in comparison.

Members of the Assembly Republican caucus had 27 of their 126 introduced measures (21 percent) pass out of both houses, while Senate Republicans had 19 of their 129 (15 percent) pass out of the Legislature. The majority of Republican-backed measures were not even given a chance by the majority party, as 56 percent of 255 bills and resolutions introduced by Republican legislators never received an initial committee hearing.

Failed Republican-backed bills included an effort to create a bipartisan redistricting commission (SB462), a measure requiring voters to provide proof of identity (SB225) and a bill that aimed to limit the number of legislative actions allowed per session (AB98).

Among the 46 Republican-sponsored measures that passed out of the Legislature were a variety of health care-related bills, including legislation from Sen. Joe Hardy (R-Boulder City) that appropriated state funds to the Nevada Health Service Corps for encouraging certain medical and dental practitioners to practice in underserved areas (SB233). Lawmakers also approved a measure from Assembly Minority Leader Robin Titus (R-Wellington) authorizing the Board of Regents to waive fees for family members of National Guard members who reenlist (AB156).

Senate Minority Leader James A. Settelmeyer, left, and Senator Joe Hardy on the fourth day of the 81st session of the Legislature in Carson City on Thursday, Feb. 4, 2021. (David Calvert/The Nevada Independent)

While Republicans fared far worse, Democratic lawmakers still had more than a third of their bills fall victim to the legislative process.

Some bills were overwhelmed by backlash, such as SB452, a bill that aimed to grant casino resorts greater authority to ban firearms on their premises but was opposed by a broad coalition of Republicans, gun right advocates and criminal justice reform organizations and failed to advance out of the Assembly. 

Other bills were watered down or axed after lawmakers deemed there was not enough time to consider the effects of a measure. Such was the case for AB161, a bill that started as a ban on the state’s “summary eviction” process, then was amended into a legislative study on the process but still never received a floor vote. Some measures fell just shy of the support they needed, including AB387, an attempt to license midwives that fell one vote shy of a two-thirds majority in the Senate on the final day of the session.

Which lawmakers were most prolific? Which lawmakers introduced the fewest bills?

Although Democratic lawmakers significantly outpaced Republican lawmakers in getting their bills passed out of both houses of the Legislature, the number of bills introduced by each legislator remained similar between the two parties.

On average, lawmakers from the majority party introduced 9.2 measures during the 2021 session, compared to 10.2 for lawmakers in the minority party. 

Those who led their parties in introductions were typically house leaders or more experienced lawmakers.

In the Assembly, Speaker Jason Frierson (D-Las Vegas) topped the rest of his party with 18 bills introduced and sponsored, while Minority Floor Leader Titus had the most bills introduced and sponsored of anyone in the Assembly Republican caucus with 14.

Assembly Minority Leader Robin Titus speaks to Assembly Speaker Jason Frierson inside the Legislature on Monday, March 15, 2021 in Carson City. (David Calvert/The Nevada Independent)

Minority Leader James Settelmeyer (R-Minden) introduced and sponsored 25 bills, which was the most of any legislator during the session.

Four other Senators also stood above the pack: Sen. Dallas Harris (D-Las Vegas) led Democrats with 23 introductions, while Sen. Pat Spearman (D-North Las Vegas) and two Republican senators, Hardy and Keith Pickard (R-Henderson), rounded out the top with 20 bills each.

Assemblywoman Tracy Brown-May (D-Las Vegas), who was appointed by the Clark County Commission on Feb. 2, 2021 to fill the seat of Democratic former Assemblyman Alex Assefa, who resigned amid an investigation into whether he met residency requirements, was the only lawmaker who did not introduce a single piece of legislation this session.

The others at the bottom of the list — Assembly members Elaine Marzola (D-Henderson), Maggie Carlton (D-Las Vegas) and Richard McArthur (R-Las Vegas), and Sens. Fabian Doñate (D-Las Vegas) and Ira Hansen (R-Sparks) — introduced three bills each. Doñate was appointed to fill the seat of former Sen. Yvanna Cancela (D-Las Vegas), and introduced three of her bill draft requests submitted prior to the start of the session.

Which legislators had the most success with their bills?

Assemblywoman Sandra Jauregui (D-Las Vegas) had more success getting her bills passed than any Nevada lawmaker during the 2021 session, as all eight bills that she introduced and sponsored passed out of both houses of the Legislature.

Jauregui had one bill that was passed only with the support of her own party members in both houses. AB286, which bans so-called “ghost guns” and other firearm assembly kits that don’t come equipped with serial numbers, passed through the Assembly and Senate along party lines. 

Other bills Jauregui introduced included measures focused on the environment and residential properties, as well as AB123, which increases fees on special Vegas Golden Knights license plates to help give more funds to charities.

Assemblywoman Sandra Jauregui arrives on the first day of the 81st session of the Legislature in Carson City on Monday, Feb. 1, 2021. (David Calvert/The Nevada Independent)

Five other Assembly Democrats, all based out of Southern Nevada, had at least 80 percent of their measures pass out of both houses, including Assembly Speaker Frierson. Frierson, who saw 15 of his 18 sponsored measures pass, introduced several high-profile Democratic measures, including a pair of big election bills: AB126, which moves the state to a presidential primary system instead of a caucus-based system, and AB321, which permanently expands mail-in voting. 

Other bills introduced by the Assembly leader that passed out of the Legislature included a measure requiring a three-day grace period before landlords can charge late fees for overdue rent (AB308) and a bill allowing college athletes to profit off of their name and likeness (AB254). Frierson was also the primary sponsor of AB484, which authorizes the Department of Employment, Training and Rehabilitation (DETR) to use $54 million in federal funds to modernize the state’s outdated unemployment insurance system.

Frierson had only three bills that did not pass out of the Legislature, including a controversial measure that would have allowed for the Washoe and Clark County school boards to be partially appointed (AB255).

Other lawmakers to have at least 80 percent of their measures pass out of both houses were Assembly members Venicia Considine (D-Las Vegas), Steve Yeager (D-Las Vegas), Daniele Monroe-Moreno (D-North Las Vegas) and Howard Watts (D-Las Vegas).

Considine had five of her six introduced measures pass both houses with significant bipartisan support, including a measure that replaces the gendered language for crimes of sexual assault with gender-neutral language (AB214). 

Yeager saw eight of ten introduced bills pass, including AB341, which authorizes the licensing of cannabis consumption lounges, though he also presented several other, sometimes controversial, measures as chair of the Assembly Judiciary Committee. He presented AB400, a bill that removes “per se” limits on non-felony DUIs involving marijuana and that passed along party lines out of the Assembly. And he presented AB395, the death penalty bill that was scrapped by Democratic lawmakers in the Senate.

Though Monroe-Moreno had four of her five introduced bills pass out of both houses, including a measure that reduces the criminal penalties for minors found in possession of alcohol or small amounts of marijuana (AB158), she was also the sponsor of one of the few measures to fail to advance out of the Legislature because it failed to achieve a needed two-thirds majority. Her bill AB387, which would have established a midwifery licensure board, fell one vote shy of the two-thirds majority in the Senate.

Watts, a second-term assemblyman, sparked a variety of partisan disagreements throughout the session, as six of his ten introduced bills passed out of the Assembly with zero Republican support (Watts had eight bills pass out of both chambers). Those measures ranged broadly from a pair of environment-focused measures to a bill that bans offensive or racially discriminatory language and imagery, names, logos or mascots in Nevada schools (AB88).

In the Senate, only three legislators had more than two-thirds of their introduced measures pass out of both houses: Chris Brooks (D-Las Vegas), Roberta Lange (D-Las Vegas) and Majority Leader Nicole Cannizzaro (D-Las Vegas).

Sen. Chris Brooks on the final day of the 81st session of the Legislature on Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Brooks was the most successful of the bunch, getting five of his six introduced bills passed, including SB448, an omnibus energy bill expanding the state’s transmission infrastructure that was passed out of the Assembly on the final day of the session. With a larger number of introductions (13), Lange had twice as many bills passed as Brooks (10), covering a wide range of topics from health care to employment to a bill permanently authorizing curbside pickup at dispensaries (SB168).

The majority leader also succeeded in passing a higher percentage of her bills than most of her Senate colleagues, as 12 different Cannizzaro-sponsored bills made their way to the governor’s office. Those measures were met with varying degrees of bipartisan support, as a bill requiring data brokers to allow consumers to make requests to not sell their information passed with no opposition (SB260), while a bill barring the suspension of driver’s licenses for the nonpayment of fees received mixed support from Republicans in both chambers (SB219). Another bill, SB420, which enacts a state-managed public health insurance option, passed along party lines in both the Senate and Assembly.

A few Assembly Republicans stood above the pack, as Assembly members Jill Tolles (R-Reno), P.K. O’Neill (R-Carson City), Lisa Krasner (R-Reno) and Tom Roberts (R-Las Vegas) were the only members of their party to have at least half of their bills pass out of both houses.

Tolles, who was more likely to side with Democrats on close votes during the session than any other Republican lawmaker, found the most success of the group, as four of the six bills she introduced and sponsored were sent to the governor. Those bills that passed were met with broad bipartisan support, such as AB374 — that measure, which establishes a statewide working group in the attorney general’s office aimed at preventing and reducing substance use, passed unanimously out of both houses. The third-term legislator did introduce some bills that were killed by Democrats, such as AB248, which sought to allow "partisan observers" to watch over elections at polling places.

Assemblywoman Jill Tolles on the final day of the 81st session of the Legislature on Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Four of O’Neill’s seven bills were sent to the governor. One allows the Stewart Indian School Cultural Center and Museum to designate certain buildings and grounds of the former boarding school for Native children for special events and authorizes the sale and consumption of alcoholic beverages at such events (AB270). O’Neill was the only Republican present at a bill signing event for Native-focused legislation, after many of those bills passed with bipartisan support.

Half of Krasner and Roberts’ bills passed out of the Legislature, with each lawmaker introducing and sponsoring eight measures during the session.   

Nearly all four of Krasner’s bills that made it out of both chambers attracted unanimous votes, including AB143, which creates a statewide human trafficking task force and a plan for resources and services delivered to victims. Another well-received bill, AB251, seals juvenile criminal records automatically at age 18 and allows offenders to petition the court for the expungement or destruction of their juvenile records for misdemeanors. Both AB143 and AB251 have been signed by the governor.

Roberts, who was among the Republicans most likely to cross party lines and vote contrary to the majority of his caucus, had several bills sent to the governor with strong bipartisan support, including AB319, which establishes a pilot program for high school students to take dual credit courses at the College of Southern Nevada. Another of his four successful bills was AB326, which is aimed at curbing the illicit cannabis market.

Success for Republican senators in passing bills was more rare.

Sen. Ira Hansen (R-Sparks) had one bill sent to the governor and two bills killed without a hearing, giving him a higher percentage of bills passed (33 percent) than any other member of his caucus. Hansen’s one successful measure, SB112, aligns Nevada law with federal law regarding the administration of certain products for livestock. One of Hansen’s failed bills included an attempt to prohibit police officers from using surveillance devices without a warrant, unless there were pressing circumstances that presented danger to someone’s safety (SB213).

Sen. Ben Kieckhefer (R-Reno) was the second most successful member of his caucus in terms of getting bills passed, as three of the 14 measures (21 percent) he introduced passed out of both houses, including a measure establishing an esports advisory committee within the Gaming Control Board (SB165). But many of the measures introduced by Kieckhefer still failed, including a resolution to create an independent redistricting commission to conduct the reapportionment of districts (SJR9).

Only three other members of the Senate Republican caucus, including Minority Leader Settelmeyer, Hardy and Pete Goicoechea (R-Eureka), had at least 20 percent of their introduced measures pass fully out of the Legislature.

Which legislators had the least success with their bills?

Despite Democrats controlling both legislative chambers, a handful of Democratic lawmakers still had less than half of their sponsored measures sent off to the governor’s office.

In the Assembly, five members of the Democratic caucus failed to have 50 percent of their bills advance out of both houses, including Assemblywoman Michelle Gorelow (D-Las Vegas), who rounded out the bottom of the list as just one of her eight introduced bills passing out of the Legislature. Though that one successful bill — AB189, which establishes presumptive eligibility for pregnant women for Medicaid — garnered bipartisan support, many of Gorelow’s introduced measures failed to even receive an initial committee vote. Those failed bills included multiple more health care-focused measures, including an effort to require certain health plans to cover fertility preservation services (AB274).

The others in the caucus to have more than half of their bills fail were Assembly members Bea Duran (D-Las Vegas), David Orentlicher (D-Las Vegas), Edgar Flores (D-Las Vegas) and Cecelia Gonzalez (D-Las Vegas), who each had between 33 and 43 percent of their bills passed.

Duran found mixed success with her bills, getting three of her seven introduced measures passed, including a bill that requires all public middle schools, junior high schools and high schools to offer free menstrual products in bathrooms (AB224), but seeing four others fail, including one requiring public schools implement a survey about sexual misconduct (AB353).

One of Orentlicher’s five bills was among a small group that failed to advance at a mid-May deadline for second committee passage. The measure, AB243, would have required courts to consider whether a defendant is younger than 21 when deciding a sentence and failed to clear the deadline after previously passing out of the Assembly along party lines. Orentlicher introduced five bills, but only two passed out of both chambers.

While Flores introduced several measures that received broad unanimous support throughout the session, such as a measure that established a new, simpler Miranda warning for children (AB132), he also proposed several controversial measures that failed to advance out of the Assembly. One of those bills, AB351, would have allowed terminally ill patients to self-administer life-ending medication, and another, AB131, would have required all uniformed police officers to wear body cameras when interacting with the public. Only four of Flores’s ten introduced bills passed out of both legislative chambers.

Assemblymen Edgar Flores, center, and Glen Leavitt, left, speak inside the Legislature on Tuesday, March 9, 2021 in Carson City. (David Calvert/The Nevada Independent)

Gonzalez, a freshman, had four of her six introduced bills die at different times over the course of the session. Two of her bills died without ever being heard. Another bill she introduced (AB151) was never voted on by the Assembly because a Cannizzaro-sponsored bill took almost the same approach in barring the suspension of driver’s licenses for the nonpayment of fees. 

Gonzalez even had one piece of legislation, AB201, fail in its second house. That bill, which would have required more tracking and reporting on use of criminal informants, failed to advance out of a Senate committee after passing out of the Assembly along party lines.

Sen. James Ohrenschall (D-Las Vegas) was the only member of his caucus to have more than half of his bills fail. Though seven of his sponsored measures passed out of the Legislature, eleven other bills and resolutions from Ohrenschall failed to advance. Those bills often focused on the criminal justice system, including a measure that aimed to eliminate the death penalty for people who are convicted of first degree murder (SB228), though some stretched beyond that scope, such as an attempt to make Nevada the first state with an opt-out organ donation system (SB134) that failed to be voted out of committee.

Across the Senate and Assembly, eight Republican lawmakers had zero bills pass out of the Legislature. Those eight were Assembly members Alexis Hansen (R-Sparks), Annie Black (R-Mesquite), Andy Matthews (R-Las Vegas), Jill Dickman (R-Sparks), Jim Wheeler (R-Minden) and Richard McArthur (R-Las Vegas) and Sens. Carrie Buck (R-Henderson) and Pickard.

All eight of those Republicans were also among the least likely in their party to break from the majority of their caucus and vote with Democrats on legislation.

State Senator Keith Pickard on the fourth day of the 81st session of the Legislature in Carson City on Thursday, Feb. 4, 2021. (David Calvert/The Nevada Independent)

Those eight legislators introduced 70 measures combined, of which 58 died without ever receiving a committee hearing. Pickard was particularly unsuccessful, as he introduced 20 bills, and only one received a committee hearing before failing to advance past the first committee passage deadline in early April. The Henderson-based senator was previously derided by Democratic lawmakers, after backing out of a deal with Senate Democrats centered on a mining tax during one of the 2020 special sessions.

When were bills heard and when did they pass?

Throughout the session, lawmakers often waited until the latest possible days to complete the work needed for certain legislative deadlines.

In the week leading up to the first major deadline — bills and resolutions without an exemption were required to have passed out of their first committee by April 9 — lawmakers voted 336 bills out of committee. In the roughly nine weeks prior to that, only 236 bills were passed out of their first committee.

The other deadlines of the legislative session followed a similar pattern.

In the week leading up to and the week including the first house passage deadline (April 20), 340 bills received a vote in their first house, while just 71 bills were voted out of their first house in the 10 previous weeks.

The busiest week of the session was the week ending May 21, which included the second house passage deadline (May 20). During that week, 337 bills and resolutions were voted out of their second house, while a couple hundred more measures were acted on in some other way, including committee hearings, committee votes and first house votes.

The final shortened weekend of the session, stretching from May 29 through May 31, was also chock-full of legislative action, as lawmakers passed more than 150 bills out of their second house during those three final days.

Analysis: Which lawmakers were least likely to toe the party line?

From permanent expanded mail voting to the state public health option, the 2021 legislative session saw no shortage of headline-grabbing partisan disagreements — but a look at actual vote totals reveals that the vast majority of bills were passed with at least some bipartisan buy-in.

Out of nearly 1,200 votes on bills and resolutions during the 120-day session, 625 (53 percent) were passed with no lawmakers in opposition, and a small minority of 52 votes (4 percent) included just one “nay” vote. Meanwhile, roughly 100 votes (8 percent) happened strictly along party lines. 

But there was a fourth, significant group of votes: on more than 150 votes, a minority of Republican lawmakers broke with their caucus and voted with Democrats, helping to pass bills ranging from marijuana DUI reform to expanded environmental protections.

So which Republicans were the most likely to side with Democrats?

The Nevada Independent analyzed and tallied every bill that received a recorded vote in at least one house where less than half of Republican caucus members supported the measure — a tally that includes 49 votes in the Senate and 104 in the Assembly. The analysis included any bill that received four or fewer votes from the nine-member Senate Republican Caucus and any bill that received seven or fewer votes from the 16-member Assembly Republican Caucus.

Instead of looking more broadly at all votes taken during the legislative session, focusing the analysis on the roughly 150 votes where less than half of Republican caucus members voted in favor of a particular bill offers a better view of which individual Republican lawmakers were most likely to cross party lines. 

Because Democrats control both the Assembly and state Senate, no Republican-sponsored bills with even a whiff of partisanship made it to a full floor vote, though a handful of Democratic lawmakers proved willing to buck their party on a smaller number of votes.

The analysis reveals that Sens. Ben Kieckhefer (R-Reno) and Heidi Seevers Gansert (R-Reno) were the most likely to break with their caucus and vote with Democrats in the state Senate. On the Assembly side, Jill Tolles (R-Reno), Tom Roberts (R-Las Vegas) and Melissa Hardy (R-Henderson) most often broke with the rest of their caucus and sided with Democrats.

The guide below aims to take a look at what kinds of issues were at play when Republicans chose to break with the majority of their caucus on a particular issue — including high-profile votes on a new mining tax and a Democrat-backed effort to change Nevada to a presidential primary state.

We’ve double-checked our work to make sure we’ve counted every vote, but if you spot something off or think a vote wasn’t counted, feel free to email sgolonka@thenvindy.com.

SENATE

Ben Kieckhefer: 36

Heidi Seevers Gansert: 33

Kieckhefer and Seevers Gansert voted with Democrats and against the majority of the Republican caucus 30 times, including eight times as the only two Republicans joining Democrats in support of a measure. Kieckhefer is termed out after the 2021 session and cannot run for re-election, and Seevers Gansert will not face voters until 2024 after winning her re-election race last year.

Both lawmakers broke party lines to join all Democrats in favor of AB115, allowing multiple parents to adopt a child, and AB181, a bill aimed at improving mental health parity and reporting on cases of attempted suicide.

Kieckhefer and Seevers Gansert were also among four Republican senators who voted with Democrats in favor of AB495, a bill that creates a new excise tax on the gross revenues of gold and silver companies, estimated to bring in an extra $150 million to $170 million a biennium for education. As the measure passed in the waning days of the session, Kieckhefer said the benefits of the bill outweighed the drawbacks, and Seevers Gansert pointed to the enhanced education funding as reason for voting in favor. The bill required a two-thirds majority to pass, as it created a new tax.

Seevers Gansert and Kieckhefer rarely broke from each other when crossing party lines to vote with Democrats. In one instance, Seevers Gansert was the lone Republican who sided with Democrats on SB237, a bill aimed at giving more support to LGBTQ-owned businesses, while no other Republicans did so. Kieckhefer had no such votes.

State Senators Ben Kieckhefer and Heidi Seevers Gansert during the first day of the 81st session of the Legislature in Carson City on Monday, Feb. 1, 2021. (David Calvert/The Nevada Independent)

Pete Goicoechea: 20

Goicoechea joined Democrats as the lone Republican in support of AB148, which revises the application requirements for obtaining a permit to engage in an exploration project or mining operation.

He joined Kieckhefer and Seevers Gansert as the only members of their caucus to vote in support of AB126, which eliminates Nevada’s presidential caucus and replaces it with a primary election, and also aims to make the state first in the presidential primary calendar — ahead of New Hampshire and Iowa.

Goicoechea also broke from the majority of the Republican caucus to vote with Democrats in support of a few environment-related measures, including AB146, which expands efforts to mitigate water pollution, and AB71, which makes rare plant and animal locations confidential. The Eureka Republican is in his final term of office after winning re-election in 2020, and cannot run again in 2024.

Joe Hardy: 17

Hardy, who is termed out after this session, voted as the lone Republican in support of bills in the Senate more often than any other member of his caucus.

The Boulder City-based lawmaker joined Democrats as the only Republican in favor of SB61, which creates the Nevada Committee of Vendors Who Are Blind, as well as three other Democrat-sponsored bills — including a measure backed by Assembly Speaker Jason Frierson (D-Las Vegas), AB308, which requires a three-day grace period before landlords can charge late fees for overdue rent.

Hardy was one of three Republicans in the Senate who voted in favor of AB400, which removes “per se” limits on the amount of marijuana metabolite that can be in a person’s blood to trigger a DUI, though the limits remain when someone is facing a felony charge. He was also one of two Republicans in the caucus to back another marijuana-related bill, SB122, which requires occupational training for employees of cannabis establishments.

State Senator Joe Hardy on the fourth day of the 81st session of the Legislature in Carson City on Thursday, Feb. 4, 2021. (David Calvert/The Nevada Independent)

Scott Hammond: 14

The northwest Las Vegas Valley lawmaker was one of four Republican senators who voted in support of a new tax on the mining industry. Hammond previously said he would vote in support of the bill, AB495, “for all of our state’s students.”

Hammond also joined Democrats in voting in favor of AB296, which allows victims of ‘doxing’ to bring a civil action to recover damages, and SB450, which allows school districts to use excess revenue from existing tax rates to fund “pay as you go” capital improvement projects, such as remodels and needed facility upgrades.

Keith Pickard: 6

Along with Kieckhefer, Seevers Gansert and Hammond, Pickard voted in favor of the new excise tax on the mining industry through AB495, also citing increased education funding as reason for his support.

Pickard was also one of three Republican senators who voted in favor of removing “per se” limits on non-felony DUIs involving marijuana (AB400), and the Henderson-based legislator joined Kieckhefer and Seevers Gansert in voting in favor of raising the minimum age to buy tobacco products from 18 to 21, in line with federal law (AB59).

Ira Hansen: 5

Hansen was one of two Republican senators (along with Hardy) to record votes as the sole GOP member siding with Democrats on multiple votes.

Hansen was the only Republican who voted in favor of protecting the Spring Valley population of Rocky Mountain junipers, known as “swamp cedars” (AB171). Prior to the vote, Hansen had angered some Native advocates when he rebutted the historical accuracy of testimony shared by tribal leaders and elders.

He also was also the only member of his caucus to support SB349, which would have allowed unpackaged produce to be sold in farmers markets, but the legislation failed to advance in the Assembly.

Carrie Buck: 3

The freshman legislator rarely broke from the majority of the Republican caucus, only doing so to support an extension on school use of excess revenue for facility upgrades (SB450), cage-free eggs (AB399) and a clarification on registration requirements for lobbyists (AB110).

James Settelmeyer: 2

The Senate minority leader broke from the majority of his party less than any other Republican senator, only joining Democrats in support of two measures.

Settelmeyer joined Hardy and Pickard in support of removing “per se” limits on non-felony DUIs involving marijuana (AB400) and voted with Kieckhefer, Pickard and Seevers Gansert in support of a measure revising the issuance of orders for protection against high-risk behavior (SB6).

ASSEMBLY

Jill Tolles: 92

Tom Roberts: 90

Among Assembly Republicans, Tolles and Roberts were the most likely to cross party lines and vote contrary to the majority of their caucus.

Out of the 104 votes in which a minority of the 16 Republican Assembly members joined Democrats in support, Tolles and Roberts voted together with Democrats 85 times, though only six of those votes featured no other Republicans in support.

Tolles and Roberts were the only two Republicans in the Assembly to vote in favor of the new mining tax (AB495) — giving the bill enough Republican votes to overcome the required two-thirds majority needed for a tax increase. Prior to the vote, both lawmakers spoke with The Nevada Independent about their rationale for the votes, stressing that they had gained concessions in exchange for their support and had an opportunity to improve education funding.

They were additionally the only members of their party to support other education-related measures, including an expansion of the core subjects contained within social studies in K-12 education (AB19) and a Democrat-sponsored bill to create the Task Force on Sexual Misconduct at Institutions of Higher Education (SB347).

Tolles and Roberts supported a wide range of Democrat-backed legislation, including measures focused on the economy, state government and criminal justice. The duo voted in support of a ban on race-based discrimination against certain hairstyles (SB327), a Frierson-backed effort to establish the Office of Small Business Advocacy (AB184) and a measure that doubles the fee on marriage licenses from $25 to $50 to better support sexual violence and domestic violence victim services in all counties (SB177).

Tolles has a history of voting more moderately than others in the Assembly Republican Caucus, and she was the only caucus member to join Democrats in support of legislation on multiple occasions. She was the only Assembly Republican to vote in favor of AB47, which gives the attorney general greater powers over mergers within the health care industry, and for AB382, an effort to license student loan servicers (that failed to receive a two-thirds majority). 

Though he was not joined by Tolles, Roberts (who has said he plans to run for Clark County sheriff in 2022) voted with several other Republicans in favor of bills authorizing the licensing of cannabis consumption lounges (AB341) and a resolution to remove the Board of Regents’ constitutional protection (SJR7).

Assemblywoman Jill Tolles on the final day of the 81st session of the Legislature on Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Melissa Hardy: 82

The Henderson-based assemblywoman was the lone member of the Republican caucus who voted in favor of AB85, which authorizes the State Quarantine Officer to declare any weed to be noxious by regulation.

Hardy also backed a wide range of Democrat-backed efforts, including a variety of bills sponsored by Frierson including a bill that eliminates Nevada’s presidential caucus and replaces it with a primary election (AB126).

In dissenting from the majority of the Assembly Republican Caucus, Hardy voted the same as both Tolles and Roberts 46 times, including when all three — along with Assemblyman Glen Leavitt (R-Boulder City) — joined Democrats in support of AB486, which is meant to ensure more tenants are connected with rental assistance as eviction protections expire.

Glen Leavitt: 55

Though Leavitt sided with Democrats more frequently than most other Assembly Republicans, he rarely did so without support from several other caucus members. There was only one instance in which Leavitt joined Democrats without at least three other Republicans in support of the measure.

In that case, just two other Republicans joined Leavitt and Assembly Democrats in favor of a bill allowing the State Board of Cosmetology to license a new group of people designated as “advanced estheticians” (SB291).

Additionally, Leavitt was among a minority group of seven Republicans who supported a pair of education measures from Sen. Marilyn Dondero Loop (D-Las Vegas), including SB173, also referred to as the “Back on Track Act,” which calls on districts to create learning loss prevention plans and set up summer school programs, and SB151, which is aimed at improving teacher-to-student ratios.

Heidi Kasama: 52

The freshman assemblywoman from Las Vegas was the only Republican in either house who voted in support of a Department of Employment, Training and Rehabilitation-backed measure, SB75, that makes technical changes to the regular unemployment system, such as allowing more flexibility on when claimants are eligible for benefit extensions. Other Republicans voiced concerns that the bill did not go far enough in addressing issues with the system. 

Along with Hardy, Leavitt and Tolles, Kasama also voted with Democrats to pass AB356, which prohibits water-intensive decorative turf within medians, along roads and in business parks in Clark County.

Kasama and Hardy were also the only Republicans who voted in favor of banning the declawing of cats, though the measure, AB209, failed to advance through the Senate.

From left, Assemblywomen Cecelia González, Heidi Kasama and Melissa Hardy on the final day of the 81st session of the Legislature on Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Lisa Krasner: 36

Krasner voted with a minority of her Republican colleagues on mostly Democrat-supported measures on three dozen occasions, including joining Tolles and Roberts in support of measures protecting swamp cedars in Spring Valley, AB171 and AJR4.

The Reno-based lawmaker also joined Tolles, Roberts, Hardy, Leavitt and Kasama in supporting SB448, an omnibus energy bill expanding the state’s transmission infrastructure that was passed out of the Assembly on the final day of the session.

Gregory Hafen: 30

The second-term legislator representing portions of Clark, Lincoln and Nye counties was one of only three Assembly Republicans who voted in favor of massively increasing fines for violating certain regulations from the Public Utilities Commission (SB18).

Hafen was also part of a limited group of Republicans who supported a change to the Live Entertainment Tax to exclude events held on behalf of a governmental entity (SB367) and a ban on race-based discrimination against certain hairstyles (SB327).

Alexis Hansen: 18

When Assemblywoman Alexis Hansen broke from her party majority and sided with Democrats, the Sparks-based lawmaker supported a wide range of measures, covering topics from health care to criminal justice to state government. Although she rarely joined fewer than four other party members in her dissent from the caucus, she was one of only two Republicans in the Assembly who voted to pass SB77, which exempts certain environmental impact reviews and discussions from the state’s open meeting law.

Robin Titus: 5

The minority floor leader rarely voted against the majority of her caucus, but Titus did join Democrats and several of her Republican colleagues in support of five bills, including a bill requiring state Medicaid plan coverage for doula services (AB256) and an appropriation of $5.4 million for upgrades to the Gaming Control Board’s IT systems (SB413).

Assembly members Robin Titus, Danielle Monroe Moreno and Steve Yeager return to the Assembly chamber after letting the Senate know they have adjourned sine die on the final day of the 81st session, Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Annie Black: 3

Though she was absent or not voting for more than 100 votes after being censured by other members of the Assembly for violating COVID-19 protocols, Black was one of the least likely to side with Democrats on a bill. She was, however, one of four Republicans in the Assembly who voted in favor of authorizing the licensing of cannabis consumption lounges (AB341).

The Nevada Legislative Freedom Caucus

At the beginning of the session, six Republican Assembly members announced the formation of the Nevada Legislative Freedom Caucus, a coalition of state legislators dedicated to the values of constitutional conservatism. Those six lawmakers — Jill Dickman, John Ellison, Andy Matthews, Richard McArthur, P.K. O’Neill and Jim Wheeler — rarely sided with Democrats.

P.K. O’Neill: 19

One member of the Freedom Caucus sided with Democrats significantly more often than any other, as O’Neill was one of just four Assembly Republicans who supported a measure requiring employers to allow people to use sick leave to care for ill family members (AB190).

The Carson City-based assemblyman also backed several Democrat-sponsored bills, including SB166, which clarifies that a crime does not need to be committed by someone with different characteristics than the victim to be considered a hate crime, and SB177, which doubles the fee on marriage licenses from $25 to $50 to better support sexual violence and domestic violence victim services in all the counties.

Jim Wheeler: 6

Jill Dickman: 6

Andy Matthews: 5

John Ellison: 3

Richard McArthur: 3

Almost every member of the Freedom Caucus was among the list of Republicans least likely to side with Democrats, though some threw support behind a few high-profile measures.

Dickman and Matthews were among four Assembly Republicans who voted in favor of authorizing the licensing of cannabis consumption lounges (AB341). McArthur supported a bill aimed at increasing the availability of peer support counseling for emergency response employees (AB96). Wheeler voted to pass a measure that increases fees on special Vegas Golden Knights license plates to help give more funds to charities (AB123).

Which Republicans broke up unanimous votes?

While votes throughout the legislative session were dominated by unanimous vote counts and instances of mixed support and opposition from Republicans, nearly 5 percent of all votes included just one lawmaker in opposition.

In the Senate, Hansen stood above the pack, providing the only “nay” vote 15 times out of 26 such votes in that chamber. Hansen was the lone opponent in the Senate against measures authorizing curbside pickup at dispensaries (SB168), banning race-based discrimination against certain hairstyles (SB327), decriminalizing traffic tickets (AB116) and requiring employees within the juvenile justice system to complete implicit bias training (SB108).

State Senator Ira Hansen inside the Legislature on Friday, May 14, 2021. (David Calvert/The Nevada Independent)

The other Senate Republicans who provided the only vote against a bill were Buck, who did so six times, Pickard, who did so twice, and Kieckhefer, who did so once. Buck was the only member of the caucus to not support a bill authorizing the sealing of someone’s criminal record after an unconditional pardon (AB219), and Pickard was the only Senate Republican to vote against an appropriation of $25 million for the UNLV Medical School (SB434). 

In the Assembly, there were 26 votes that included a single “nay” vote. Ellison led the Republican caucus with 10, including votes against bills requiring the Board of Regents to waive tuition and fees for Native students attending Nevada public colleges and universities (AB262), prohibiting law enforcement agencies from having arrest or ticket quotas (AB186) and expanding the continuing education courses that law enforcement officers are required to take to include crisis intervention (AB304).

Other Assembly Republicans who stood alone in their opposition included Black, who provided the only “nay” vote on a bill five times, and McArthur, who did so twice. Hafen and Kasama were each the lone Assembly opponent to a bill once.

Which Democrats dissented from their party?

While disagreement among Republicans was far more common in the Democrat-controlled Legislature, a few Democrats in both houses were more likely to depart from the caucus consensus than their colleagues from the same party.

Sen. Dina Neal (D-North Las Vegas) was more likely to vote differently from the rest of the Senate Democrats than any other member of her party. Neal was the lone opposition vote to AB435, which expands a Commerce Tax exemption to include trade shows, and SB150, which requires local governments to authorize tiny houses in certain zoning districts. She previously expressed concerns that tiny homes might depreciate housing values or exacerbate zoning disparities.

Neal also dissented from the Senate Democratic Caucus to vote with her Republican colleagues at least three times, including voting against a bill that would have granted casino resorts greater authority to ban firearms on their premises (SB452).

Sen. Dina Neal (D-North Las Vegas) speaks with Assembly members Howard Watts (D-Las Vegas) and Rochelle Nguyen on the first day of the 81st session of the Legislature in Carson City on Monday, Feb. 1, 2021. (David Calvert/The Nevada Independent)

Sens. Pat Spearman (D-North Las Vegas) and Mo Denis (D-Las Vegas) each disagreed with their fellow caucus members at least once. Spearman was the only Democrat who voted against a bill raising the minimum age to buy tobacco products from 18 to 21 (AB59), and Denis was the lone member of his party to not support an effort to license midwives (AB387). With Denis voting no, the bill fell one vote shy of the two-thirds majority it needed to pass.

In the Assembly, Brittney Miller (D-Las Vegas) was among the Democrats most likely to dissent from the majority position of the caucus. Miller was the lone opponent to a bill during two votes, including voting against SB172, which requires school districts and charter schools to develop programs for dual credits. Miller also joined a majority of Assembly Republicans in opposing a bill that prohibits homeowner associations from circumventing local ordinances when determining when construction can start in residential areas (AB249).

Assembly Ways and Means Committee Chair Maggie Carlton (D-Las Vegas) was the only Assembly member to oppose AB258, which clarifies existing law by requiring the trustees of the Clark County Library District to appoint an executive director, and AB477, which abolishes the DMV’s Revolving Account for the Assistance of the Department. She also joined the majority of the Assembly Republican Caucus in voting against SB190, which allows women to receive birth control through a pharmacy without a doctor’s visit.

Assembly Majority Floor Leader Teresa Benitez-Thompson (D-Reno) additionally dissented from her caucus on more than one occasion, as she provided the lone “nay” vote to AB435, which expands a Commerce Tax exemption to include trade shows. She was also joined by Assemblywoman Selena Torres (D-Las Vegas) in voting with a majority of Assembly Republicans against SB287, which formally recognizes UNLV and the Desert Research Institute (DRI) as land-grant institutions alongside UNR.

Sisolak signs permanent expansion of mail-in voting, mining tax compromise, dozens of other bills

Gov. Steve Sisolak signed dozens of bills on Wednesday, including one making widespread distribution of mail-in ballots permanent for elections and another imposing a new tax on the mining industry as part of a bipartisan compromise to raise revenue for schools and prevent more drastic tax proposals from heading to the 2022 ballot.

“At a time when State legislatures across the country are attempting to roll back access to the polls, I am so proud that Nevada continues to push forward with proven strategies that make voting more accessible and secure,” Sisolak said in a statement about the elections bill. “Nevada has always been widely recognized as a leader in election administration and with this legislation, we will continue to build on that legacy.”

The bill signings come two days after the Legislature adjourned on Monday at midnight, sending hundreds of bills to Sisolak’s desk for a signature. The governor has ten days (excluding Sundays) after the Legislature adjourns to either sign bills, issue a veto or allow it to become law without a signature.

Here’s a look at some of the 58 bills the Democratic governor signed on Wednesday.

AB495: Mining tax compromise

Six Republican lawmakers joined Democrats in the waning hours of the session to support AB495, a bill that creates a new excise tax on the gross revenues of gold and silver companies. The new tax is estimated to bring in an extra $150 million to $170 million a biennium, and the bill as a whole will earmark more than $500 million over the biennium to education.

“This investment will benefit every student, educator and family in Nevada and I am so proud of the collaborative effort undertaken by stakeholders to bring this legislation over the finish line,” Sisolak said in a statement. “With this legislation, we are well on our way toward creating a better Nevada for our educators, students and families.”

The mining tax came in the face of pressure from three proposed constitutional amendments unveiled last summer. If lawmakers had advanced those, they would have headed to a statewide vote in 2022 and could have had a more dramatic impact on the mining industry, which has long been a target of progressive advocates who say it is not paying its fair share of taxes.

Instead, lawmakers let the three measures die. Two other proposed ballot initiatives — a sales tax hike and a gaming tax hike supported by the Clark County Education Association — are also supposed to be withdrawn by the union as part of the agreement.

The bill also includes a host of other elements of the deal. It designates existing mining tax revenues to education instead of having them flow to the general fund, and it sets aside $215 million of the state’s allotment of American Rescue Plan funds to support traditional and charter schools in their efforts to help children rebound from learning losses brought on by the pandemic.

It also gives a boost to Opportunity Scholarships, a tax credit-funded program that helps low-income children attend private schools but otherwise was on track to be phased out, opens the door for more funds for Medicaid personal care services, calls for a study on alternatives to the current model of elected school board trustees, and tasks the Commission on School Funding with exploring other routes for raising revenue for schools.

AB321: Permanent expanded mail voting

Nevada is now the sixth state to adopt largely all-mail voting systems after Sisolak signed Assembly Speaker Jason Frierson’s AB321, permanently codifying pandemic-related election changes adopted for the 2020 election season. The legislation was staunchly opposed by Republicans; the bill passed on party lines out of both the Assembly and Senate.

“I’m proud of the work we did to expand access to the ballot box for all eligible Nevadans. As John Lewis said, voting is the most powerful non-violent tool we have in a democracy,” Frierson said in a statement.

The bill requires all county and city clerks to send every active registered voter a mail ballot before a primary or general election. Inactive voters, who are legally registered to vote but don’t have a current address on file with election officials, will not be sent a mail ballot. The bill will allow voters to opt out of being mailed a ballot by providing written notice to their local or county election clerk, and the measure maintains certain minimum requirements for in-person polling places. 

The legislation does change some of the deadlines that were in place for the 2020 election — shortening from seven to four days the timeframe after an election when mail ballots postmarked by Election Day can be accepted. There is a reduction of seven to six days in time for voters to fix issues on their mail ballot (a process called “signature cure”). 

It also shortens the time for election officials to finish counting mail ballots after Election Day from nine days to seven days. It also requires the secretary of state’s office to enter into an agreement with the State Registrar of Vital Statistics to cross check the list of registered voters in the state with a list of deceased individuals.

The bill also explicitly authorizes election clerks to use electronic devices in signature verification, require more training on signature verification and adopt a handful of other provisions aimed at beefing up election security measures — including daily audits on any electronic checking of signatures.

A last-minute amendment added to the bill will allow the sponsors of initiative petitions to withdraw qualified petitions up to 90 days before an election — a change intended to give legal authority for the Clark County Education Association to withdraw initiatives aimed at raising sales and gaming taxes. Union leaders have said they’ll pull back the proposed ballot questions after lawmakers approved the mining tax compromise bill, AB495.

The bill appropriates about $12.2 million over the two-year budget cycle to the secretary of state’s office for the costs of ballot stock, postage and postcard notifications.

AB400: Marijuana DUIs

This bill removes “per se” limits on the amount of marijuana metabolite that can be in someone’s blood to trigger a DUI. While the limits are removed for situations that would constitute a misdemeanor, they remain when a person is facing a felony charge.

Supporters of the bill say the per se limits are an inaccurate way to detect impairment because of how marijuana works through the body differently than alcohol. 

The measure passed the Assembly 26-16, with all Republicans opposed, but 16-5 in the Senate after it was watered down from its original version.

SB320: Transparency on food delivery fees

Passed unanimously out of the Senate and Assembly, this measure requires services such as DoorDash and Uber Eats to clearly disclose fees applied to food orders.

Sponsored by Sen. Dina Neal (D-North Las Vegas), the bill was tempered from its original version but still requires conspicuous disclosure of what portions of the price are for the food, taxes, delivery fees and the average commission charged to the restaurant.

It limits commissions to 20 percent plus a credit card processing fee during the COVID-19 state of emergency, unless the restaurant agrees to pay the delivery platform more for services such as marketing.

SB166: Hate crimes

This measure clarifies that a crime does not need to be committed by someone with different characteristics than the victim to be considered a hate crime.

Sponsored by Sen. Melanie Scheible (D-Las Vegas), the bill specifies that characteristics include, race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity. It also provides that a perpetrator may be punished with an additional penalty if he or she commits a crime based solely on the characteristic of the victim, even if the victim and perpetrator share that characteristic.

The measure passed out of the Senate on a party-line vote with Republicans in opposition, and then out of the Assembly in a 33-8 vote.

SB327: Hairstyle discrimination

Nevada joined at least 10 other states, including Washington, California and Colorado, with the passage and signing of SB327, which provides protections against discrimination based on hairstyles associated with particular races.

Sponsored by Sen. Dina Neal (D-North Las Vegas), the legislation extends statutory protection to hair texture and protective styles such as braids, locs, twists and knots in the workplace and public schools.

The bill passed out of the Senate in a 20-1 vote, with the only opposition vote from Sen. Ira Hansen (R-Sparks). In the Assembly, Republicans Heidi Kasama (R-Las Vegas), Lisa Krasner (R-Reno), P.K. O’Neill (R-Carson City), Tom Roberts (R-Las Vegas) and Jill Tolles (R-Reno), joined Democrats in support of the legislation, leading to a 33-8 vote.

“This is something that is new to some of the folks in this chamber, but very real to others who have spent years of their lives trying to make sure that their hair is appropriate, based upon what is often someone else's standards,” bill co-sponsor Sen. Dallas Harris (D-Las Vegas) said before a vote on the measure.

AB195: English Language Learner bill of rights

This measure establishes an English Language Learner (ELL) bill of rights which includes the right to a free and public education (regardless of and without disclosing immigration status), the right to have an interpreter for significant interactions with school districts and information about the student’s progress in the appropriate language. 

The bill’s sponsor, Assemblywoman Selena Torres (D-Las Vegas), said during one of the bill’s hearings that the legislation will help families be aware of their rights and more easily receive aid. 

The bill passed out of the Assembly on a 34-8 vote and then unanimously out of the Senate.

SB344: Tiger King bill

This so-called “Tiger King” bill, nicknamed for the Netflix series on a wild animal collector, prevents people who own a wild animal from allowing it to come into contact with the general public, including through allowing people to take a photo while holding the wild animal.

After passing through the Senate in a 12-9 vote along party lines, the measure was significantly watered down from its original version, which banned the owning, breeding, importing and selling of dangerous wild animals. Members of the Assembly voted 35-6 to pass the bill.

SB203: Lawsuits over sexual exploitation

This measure, sponsored by Sen. Marilyn Dondero Loop (D-Las Vegas), allows a victim of sexual abuse or exploitation, who was a minor at the time of the offense, to commence a civil action to recover damages at any time after the violation occurred. The bill does maintain, though, that any action must commence within 20 years after the victim turns 18 years old.

Entities are also liable for damages if they financially benefit from the exploitation, although a hotel or motel with more than 175 rooms is not considered to have benefited from the rental of a room used in the commission of exploitation.

The bill passed 18-3 in the Senate and 32-9 in the Assembly. All those opposed were Republicans.

June 2, 2021 Bill Signings by Michelle Rindels on Scribd

Legislature live blog: Lawmakers pass bills expanding mail voting, authorizing cannabis lounges, short-term rental taxes

The clock struck midnight, and Nevada lawmakers finally adjourned the 2021 Legislature after a frantic final few hours that saw the passage of major election, budget, tax and other big-ticket bills.

By the end of Monday evening, lawmakers had advanced bills decriminalizing traffic tickets, moving the state to a presidential primary, authorizing cannabis consumption lounges and permanently expanding mail voting. Legislators also approved a major transmission and clean energy bill, approved a new tax structure for short-term rentals and set spending priorities for the state’s coming windfall of $2.7 billion in federal American Rescue Plan funds.

The final hours of the Legislature traditionally see a host of last-minute amendments, compromises and changes to legislation — something already readily apparent on Monday, with lawmakers authorizing nearly $8 million in funding to pay back DMV fees recently declared unconstitutional, and an amendment keeping special tax districts in play for Clark County but without the ability to use them for a potential major league baseball stadium.

The Nevada Independent is covering all the final moves, votes and maneuvers of the 2021 Legislature. Here’s a look at some of the major votes and last-minute developments on the final day of session:

$15 million earmarks on American Rescue Plan funds

One last-minute addition was $15 million in earmarks for federal COVID-19 relief money. An amendment added to SB461 in the Assembly includes:

  • $6 million to the Collaboration Center Foundation for services for people with disabilities. Sen. James Settelmeyer (R-Minden) had proposed a bill to support the foundation, but it never got a hearing.
  • $5 million to the state treasurer’s office for the Nevada ABLE Savings Program. The program provides seed money in tax-advantaged accounts for people with disabilities; a bill passed this session to enable the program but did not fund it.
  • $4 million for a statewide program modeled after UNR’s Dean’s Future Scholars Program, which provides mentoring, tutoring and other support for prospective first-generation college students. Sen. Heidi Seevers Gansert (R-Reno) had a bill that supported first-generation students, but it died. She crossed over and supported a mining tax along with Democrats before the amendment was revealed.

— Michelle Rindels

Requiring public buildings/accommodations to have inclusive single-stall restrooms 

On a 15-6 vote, members of the Senate voted to approve Assemblywoman Sarah Peters’s AB280 — a bill requiring any single-stall restroom in the state to be designated as gender neutral.

The bill, which wouldn’t affect existing bathrooms but would govern future construction, was amended before passage to more narrowly define the types of bathrooms affected by the bill, and removed language allowing for civil litigation if people felt they were denied access to or punished for using a single-stall restroom.

— Riley Snyder

Closing ‘classic car’ loophole

An effort to close the ‘classic car’ loophole by limiting the types of older vehicles exempted from smog checks has passed out of the Senate on a party-line 12-9 vote.

The bill, AB349, is sponsored by Assemblyman Howard Watts (D-Las Vegas) and seeks to fix a loophole created by a 2011 law that redefined a “classic car” to include any vehicle over a certain age that drove less than 5,000 miles. It resulted in a sharp increase in the number of classic cars registered with the Department of Motor Vehicles. 

— Riley Snyder

Permanent expanded mail voting and ballot initiative withdrawals

Nevada will move to permanently expand mail voting and send all active registered voters a mail ballot starting in the 2022 election, after members of the state Senate voted along party-lines to approve AB321 on Sunday evening.

The bill will make Nevada the sixth state to adopt a largely mail voting system, though voters will be allowed to opt out and vote in person if they choose. Sponsored by Assembly Speaker Jason Frierson, the legislation has been embraced by Democrats as a way to enshire expanded voter access to elections, but pilloried by Republicans as not having enough safeguards to prevent fraud while making what they say are unnecessary changes to the state election structure.

Though amendments to the bill still need to be agreed to by the Assembly, passage of the bill will largely cement the pandemic-induced temporary election changes used in the 2020 election as a permanent fixture of elections moving forward.

The bill does modify aspects of the rules in place for the 2020 election, including shortening the deadlines for fixing issues with signatures on mail ballots and for when a mail ballot can be counted after Election Day from seven to six days.

It also explicitly authorizes election clerks to use electronic devices in signature verification, require more training on signature verification and adopt a handful of other provisions aimed at beefing up election security measures. 

Prior to the vote in the Senate, however, lawmakers adopted an amendment explicitly authorizing the withdrawal of initiative petitions 90 days prior to an election. That law change is intended to address a lack of clarity in existing law about when a ballot initiative can be withdrawn and is intended to give the Clark County Education Association a chance to pull back two initiatives raising the sales and gaming taxes.

Another amendment, sponsored by Senate Republican Leader James Settelmeyer, sought to require statewide elected offices including the attorney general, secretary of state, treasurer and controller to follow the same fundraising blackout rules that members of the Legislature, governor and lieutenant governor are required to follow during legislative sessions. But the amendment failed on a 10-11 vote, with all Democrats save Sen. Roberta Lange (D-Las Vegas) voting against the measure.

The bill appropriates about $12.1 million to the secretary of state’s office over the budget cycle to help with costs of the legislation.

— Riley Snyder

Authorizing cannabis consumption lounges

Senators voted 17-3, with one abstention, to authorize cannabis consumption lounges where people can legally consume marijuana after a similar effort failed in the last session.

AB341, sponsored by Assemblyman Steve Yeager (D-Las Vegas), aims to resolve the conundrum that recreational cannabis is legal in Nevada, but consumers are technically not allowed to partake of it anywhere outside of a private residence. It also has been framed as a way to diversify the ownership of Nevada’s relatively homogenous cannabis industry by offering certain incentives to applicants who were adversely affected by the War on Drugs.

Before passing the measure, senators added an amendment that allows local governments to establish rules for the businesses that are stricter than the statewide regulations.

Republican Sen. Ira Hansen and two Democrats — Sen. Dina Neal and Sen. Fabian Donate — voted against the measure. Donate said that while he supports the concept, he had public health-related concerns including about how employees would be protected from secondhand smoke.

Sen. James Ohrenschall (D-Las Vegas) abstained because his wife is a member of the Cannabis Compliance Board.

— Michelle Rindels

Taxing and regulating short-term rentals

Senators voted 15-6 for a bill from Assemblywoman Rochelle Nguyen (D-Las Vegas) that subjects short-term rentals such as Airbnb to the taxes that hotels face and other regulations.

Opponents of AB363 were all Republicans, including Sen. Keith Pickard (R-Henderson), who said that while he wants to combat the nuisance of illicit “party houses,” he thinks land use planning “is fundamentally a local issue.”

“I certainly understand the impetus to do this,” Pickard said. “The reason, however, that I can't go far enough to support this bill is because I believe that it's an intrusion into the proper operation of local government.”

Assembly Speaker Jason Frierson (D-Las Vegas) has pointed to taxation of vacation rentals as a route for bringing more revenue to schools.

— Michelle Rindels

Bill removing citizenship requirement for higher education scholarships revived

An amendment added to a bill sponsored by Sen. Melanie Scheible (D-Las Vegas) during an Assembly Ways and Means Committee meeting Monday evening proved that nothing is truly dead until the clock strikes midnight on sine die.

The amendment, attached to SB347, revives AB213, a bill sponsored by Assemblyman Edgar Flores (D-Las Vegas) that died before it received a vote on the Assembly floor because of a concern over a 5 percent allocation from a grant program for creating an alternative to the Free Application for Federal Student Aid (FAFSA). The bill passed out of the Assembly on a 28-14 vote.

Flores told The Nevada Independent during a short interview that the proposed amendment removed the 5 percent allocation, stipulating instead that an alternative to the FAFSA program could be established as money is available.

"I'm excited that we at least have accomplished the step of getting it to the floor," Flores said. "The bill is sending a very clear message that regardless of status, so long as you graduate you're going to get in-state tuition."

The amendment would remove de facto citizenship requirements for higher education scholarship programs and secure access to in-state tuition for any graduate of a Nevada high school.

It also addresses other higher education inequities by:

  • Removing the requirement to complete the FAFSA, which requires a Social Security number, in order to receive a Silver State Opportunity Grant (a state-support financial aid program for low-income students attending community or state colleges within the Nevada System of Higher Education)
  • Guaranteeing that any graduate from a high school in the state can receive a Silver State Opportunity Grant or a Nevada Promise Scholarship (a scholarship for Nevada high school graduates attending community college)
  • Eliminating a rule that the Board of Regents must distribute scholarships first to students who complete the FAFSA
  • Prohibiting a prepaid tuition program or college savings program from excluding a person or his or her family from participating in the program based solely on immigration status.

Access is at the heart of the amendment, Flores said, adding that the measure will lower barriers to higher education and address fears brought about by the college application process and having to share information regarding immigration status.

“An undocumented student has these added layers to be able to pay for college that ... a lot of other students don't have to go through,” Flores said. “So that it's often a deterrent for a lot of very highly talented,qualified students.”

— Tabitha Mueller

Deportation defense funds

A bill that will allocate half a million to the UNLV Immigration Clinic’s work defending people against deportation got a party-line vote in the Senate, with Republicans opposed.

AB376, sponsored by Assemblywoman Selena Torres (D-Las Vegas), would create a “Keeping Nevada Working Task Force” to support immigrant entrepreneurship as well as making the appropriation.

But Sen. Ben Kieckhefer (R-Reno) said he opposed a provision that requires the attorney general to develop model policies that seek to limit the collaboration between local law enforcement and federal immigration authorities. Agencies must report back whether they adopt the policies.

“The standards that are to be developed by the attorney general and then imposed upon ... all other areas of the state, I think, are inappropriate,” he said.

The bill was significantly watered down from its original form, which directly called for limiting collaboration between police and federal immigration enforcement officials.

— Michelle Rindels

Transmission build-out, electric vehicle charging infrastructure bill passes

State lawmakers advanced the Legislature’s marquee clean energy bill, SB448, on a 32-10 vote on Monday.

The legislation, sponsored by Sen. Chris Brooks (D-Las Vegas), will clear the way for completion of a major intrastate transmission line sought by NV Energy as part of the utility company’s planned $2 billion transmission infrastructure upgrade project. It will also require the utility to invest $100 million in electric vehicle charging stations, and makes a host of other energy policy changes aimed at boosting carbon reduction efforts in the state.

The measure previously passed unanimously out of the Senate. 

— Riley Snyder

Minimum energy efficiency levels for appliances

Members of the Senate passed out an energy efficiency measure, AB383, on a party-line vote on Monday.

The measure, sponsored by Assemblyman Howard Watts (D-Las Vegas), sets minimum energy efficiency levels for certain residential and commercial appliances and products, ranging from water coolers and air purifiers, to commercial fryers and ovens.

During a bill hearing in April, Watts said that less energy expended would result in less pollution and that using more efficient appliances and devices could also mean lower utility bills. The standards set in the bill would not apply to appliances sold after the bills goes into effect until July 2023, giving manufacturers time to adjust to the new regulations.

Previously, the bill passed out of the Assembly on a 26-13 party-line vote, with Republicans in opposition.

— Tabitha Mueller

Overhauling interim legislative structure

Members of the Senate voted 18-3 to approve a bill from Assemblyman Steve Yeager (D-Las Vegas) overhauling the interim structure of the Legislature to match the committee structure used during 120-day sessions.

Rather than the current slew of more than a dozen interim committees, AB448 would repeal and replace almost all of them with interim joint standing committees, a change aimed at increasing continuity and policy expertise between legislative sessions.

Not all of the old interim committees are going away — the bill was amended on Friday, shortly before passing out of the Assembly, to revive an existing Legislative Committee on Public Lands to now serve under a joint interim subcommittee on natural resources.

— Riley Snyder

Fifth time’s the charm to decriminalize traffic tickets 

After four failed attempts in prior sessions, AB116, a bill decriminalizing traffic tickets, cleared the Legislature with a 20-1 vote in the Senate. 

The bill would make traffic violations civil infractions and not punishable by jail time. It adjusts current practice where, if unpaid, minor traffic offenses become warrants that can lead to arrests and are punishable by up to six months in jail. 

Although Sen. Ira Hansen (R-Sparks) said he is in support of the policy behind the bill, he was the only senator to vote against the measure for certain concerns regarding rural counties’ ability to implement it. 

“This is the fifth session that I can think of where we've attempted to do this, so it's definitely a step in the right direction,” Hansen said. “But we need to keep in mind there's some very small counties with very limited budgets and for them to be able to implement this is going to be very, very difficult.”

— Jannelle Calderon

Nevada joins and leapfrogs primary states

The Senate voted 15-6 to pass AB126, which would end Nevada’s presidential caucus and replace it with a primary election, and also aims to make the state first in the presidential primary calendar — ahead of New Hampshire and Iowa

Sen. Keith Pickard (R-Henderson), who voted against the measure, had introduced a similar bill, SB130, this session to convert Nevada from caucus to primary but it died in April. During the Senate vote on Monday, Pickard said that as he was preparing his bill, constituents said that they would not be happy with moving the primary to the beginning of the year as campaigning efforts during December holidays may be “intrusive.”

“I was told pretty consistently by my constituents that they did not like the idea of moving the primary up to the beginning of the year because it meant that we'd be campaigning, we'd be knocking on their doors and we'd be disturbing them during the holidays,” he said. 

Six of the nine Republican senators voted against the bill, which had previously received a 30-11 vote in the Assembly.

— Jannelle Calderon

Allocating federal COVID aid

With time up in the session, the Assembly Ways and Means Committee on Monday advanced SB461, a so-called “waterfall” bill that sets priorities for spending billions in American Rescue Plan funds. 

Many of those goals — which include backfilling the general fund to compensate for revenue loss and shoring up health care and education — were laid out months ago in a framework document released by the governor and legislative leadership.

“It's day 120, those dollars are not here, but we still know that we have priorities in the state that we want to make sure that can be addressed and that the legislature doesn't slow the process down,” said Assembly Ways and Means Chairwoman Maggie Carlton (D-Las Vegas). “We don't necessarily need to come back and come together for a day or two to do, that there is a process by which we can set this up to set our priorities to allow these dollars to hit the ground running as soon as they're here.”

Carlton’s comments suggest at least some of the work of distributing the federal dollars will take place through work programs that come through the Legislature’s Interim Finance Committee, as opposed to a special session.

“It doesn't mean we have to do it that way. Nothing stops us from coming in and doing a special session,” she said in a subsequent interview. “But ... getting 63 of us together and queuing up this building is not a small feat ... so this is just a way to make sure that those issues are dealt with.”

In the meantime, the bill allocates $335 million of the state’s $2.7 billion allocation through the American Rescue Plan to the unemployment trust fund. That was depleted after the pandemic-related shutdowns pushed Nevada’s unemployment rate to around 30 percent.

The amount will bring the trust fund essentially to the point where it is not taking out a loan, fiscal analysts said. Following the Great Recession, employers had to pay higher tax rates for years to pay back a debt to the federal government; the allotment will ensure tax rates won’t be going up for debt service.

“This will be one of the small things that we can do to not have that one more thing added on to that bill, as everyone is trying to climb out of the pandemic and get back to square one in the future,” Carlton said. “This will be one way to lessen those impacts of the pandemic on everyone who pays into this month.”

The Treasury allows states to use American Rescue Plan money to pay back their unemployment trust funds back to pre-pandemic levels, but Nevada’s trust fund was nearly $2 billion before the pandemic — meaning the state could potentially use nearly all of its federal allocation for that purpose.

But, Carlton said, “this is a balancing act and there was a lot of harm done across the state and all different sectors and we're trying to make an impact on all of the different sectors.”

— Michelle Rindels

DMV repayment

A feisty debate about how to repay $1-per-transaction DMV technology fees that were found to be enacted unconstitutionally has finally been resolved in the form of an amendment to another bill.

Members of the Ways and Means Committee over the weekend sparred over whether allocating $7.8 million to pay back $5 million in fees to Nevada motorists needed to be done immediately or could wait until something more cost-efficient could be worked out. Lawmakers are seeking to refund the money after the Nevada Supreme Court ruled that an extension of the fee in 2019 needed to be passed on a two-thirds majority (it was one vote shy of that threshold).

They opted to add an amendment with the allocation to SB457, a bill that otherwise allows more of the state Highway Fund to be used for administrative costs and has now passed both houses.

“Last night, with time constraints and with the people digging their heels in on stuff it was like, ‘we can't wait, we have to pay for this,’” Carlton said. “This is not a political discussion. You can't make hay out of this anymore. We just need to move on and get our jobs done.”

— Michelle Rindels

Clark County gets STAR bonds exemption; A’s stadium talks nearly derail

An effort to finally phase out oft-criticized special tax districts that use a portion of sales tax for bond repayments received a last minute amendment sought by Southern Nevada governments — though lawmakers took steps to ensure that they can’t be used for a potential major league baseball stadium.

AB368, sponsored by Democratic Assemblywoman Teresa Benitez-Thompson (D-Reno), would require the Department of Taxation to report information on existing Tourism Improvement Districts — geographical areas where a public-private partnership is created using a portion of sales tax dollars to help finance construction and bond payments.

Those agreements, financed through Sales Tax Anticipation Revenue (STAR) bonds, were used in the mid-2000s to help finance construction of several Northern Nevada developments including Cabela's and Outlets at Legends — agreements later criticized, according to the Reno Gazette-Journal, for not building in enough accountability measures into the projects.

Benitez-Thompson — who said her mother was laid off by the City of Reno after the municipality was forced to use general fund dollars to make bond payments on a STAR bonds project — submitted a conceptual amendment to the bill phasing out all language for STAR Bond tax financing, in effect sunsetting the program.

But that raised concerns from representatives of Southern Nevada local governments, who on Monday morning held an unusual back-and-forth with the six members of the conference committee on a request to exempt Clark County from the bill. Conference committees are appointed when the Assembly and Senate disagree over an amendment, but often are also used to push last-minute changes to legislation on the final day of the session.

Lobbyist Warren Hardy, representing a consortium of Southern Nevada governments, said there was interest in allowing STAR Bonds and tourism improvement districts as a potential “tool in the toolbox” for developers — including potentially the Oakland A’s, who have publicly floated moving the professional baseball team to Las Vegas.

But the idea of using STAR Bonds for a stadium rankled lawmakers on the conference committee.

“I’ve been very clear on how these things need to be done … if we’re going to do Huntridge (Theater), small nonprofit, things along that line, I think that’s where these funds really could possibly work,” Assemblywoman Maggie Carlton (D-Las Vegas) said. “But if we’re talking about a stadium and trying to pay for that, I have a lot of concerns about moving forward at that level.”

After a small amount of debate, the conference committee (with the implicit blessing of Southern Nevada lobbyists) agreed to move forward on the bill with an amendment only allowing STAR Bonds to be extended in Clark County, and striking existing language that allows the bond proceeds to help pay for a professional sports stadium.

— Riley Snyder

Supporters hope caregiver board can establish consistency in personal care industry

State Sen. Dina Neal (D-Las Vegas) opened her bill presentation on Thursday recalling her experience with how the hiring of a caregiver to help take care of her ill father for several hours a day had helped support her family.

“When I came into session, I realized that SB340 was going to give a voice to the women that I encountered and all the other workers – men and women – who do this work,” Neal said – her father, former Sen. Joe Neal, passed away last December. “It became a bill that became personal for me, because I understood the level of work that they do and the level of impact that they have upon families.”

Neal’s bill, SB340, would establish the Home Care Employment Standards Board to set wage and working conditions for the nonmedical home caregiving industry. Neal said the board would allow the workers a “seat at the table” to discuss the issues with their employers.

An assessment of the Nevada personal care workforce published in September 2020 by the Guinn Center, a nonpartisan research center, found that one in two workers leaves the job within a year of taking it, and that the median hourly wage of a personal care aide is $11.07.

Neal said she was offered the option to pay her aide between $15 and $22 an hour. 

“I selected to pay $22 an hour to have a woman come in, roughly three hours a day… because I wanted someone with more skill and I wanted someone who was going to come in and really assist,” Neal said. “I wanted to make sure they were paid well for the 15 hours a week that they were coming, and that it was enough for them to be able to take care of themselves.”

The board would also be responsible for conducting investigations on whether employers are complying with the established standards — setting penalties for violations at a fine of not more than $1,000. Although the Department of Health and Human Services already regulates the industry under Nevada law, supporters of the bill say it would create a more consistent practice between employees and agencies. 

“There are some compliance [regulations] in place; they are implemented sporadically. There is no consistency across the board,” said Marlene Lockard, a lobbyist for the Service Employees International Union (SEIU), which represents 19,000 health care and public workers across the state. “Enforcement is a piece that we also need to bring together for those compliance directives already in statute.”

Opposition to the bill mainly came from workers and member agencies of the Personal Care Association of Nevada (PCAN). Most argued that it is redundant as Nevada law already has certain regulations governing the industry, and feared the board would overregulate them instead of reprimanding actual bad actors.

“PCAN is opposed to SB340 because it gives wide-reaching authority to a volunteer, unpaid Home Care Employment Standards Board … allows for investigation regarding wages, hours, working conditions beyond what is found in [Nevada Revised Statutes],” said Connie McMullen of PCAN. “SB340 is not the answer over statutes currently in place and does not address the care of our most vulnerable population. The state needs to work with the Division of Public and Behavioral Health to assure regulations in place are reinforced, not revise the entire chapter.”

The measure was also amended to include appropriations to cover the costs submitted by the Office of the Labor Commissioner and the Department of Health and Human Services. The OLC said it would cost $176,938 in the biennium to hire a new staff member that would conduct the investigations for the Home Care Employment Standards Board. The DHHS said it would cost $220,240 in the biennium to hire an analyst to manage the board’s findings and generate reports.

The Assembly Committee on Commerce and Labor passed the measure on Friday, with Republican members voting against it. The bill previously received a party-line 12-9 vote in the Senate.

Sisolak signs more than 70 bills, including sealing eviction records during COVID, Patient Protection Commission reorganization and curbside cannabis pickup

Measures sealing eviction records during the COVID-19 pandemic, authorizing curbside cannabis pickups and reorganizing the Patient Protection Commission have all been signed into law by Gov. Steve Sisolak.

Sisolak’s office announced late Thursday that the governor had signed a total of 70 bills in a press release, bringing the governor’s total of signed bills from the 2021 session up to 107 as of Friday. Once bills are approved by both houses of the Legislature and sent to the governor’s office, the state’s chief executive has five days during sessions and 10 days after they adjourn to either sign the bill, veto the measure or allow the clock to expire, which causes a law to automatically take effect.

Here’s a look at some of the bills signed by Sisolak on Thursday:

AB141: Sealing COVID-19 eviction records

Sponsored by Assemblyman Howard Watts (D-Las Vegas), the measure requires courts to automatically seal records for people evicted during the pandemic. Originally, the bill also proposed requiring landlords to give certain long-term tenants two or three months of advance notice before “no cause” eviction -- those stemming not from a breach of contract but for any reason the landlord wanted. But that provision was removed.

As amended, the bill passed on a party-line 26-16 vote in the Assembly and a 12-8 vote in the Senate.

AB348: Patient Protection Commission reorganization

Sponsored by Assemblywoman Maggie Carlton (D-Las Vegas), the bill provides for a reorganization of the Patient Protection Commission, changing it from a primarily industry-focused body to one centered around patient advocates and those who work in the nonprofit health care space. It also requires that the commission adopt bylaws to govern its operation.

The measure additionally designates the Patient Protection Commission as the state agency responsible for administering and coordinating the Peterson-Milbank Program for Sustainable Health Care Costs, which is aimed at reducing per-capita spending on health care and analyzing and addressing the underlying drivers of growth in the cost of health care.

The bill passed on a party-line 26-16 vote in the Assembly and a party-line 12-9 vote in the Senate.

SB168: Curbside cannabis pickup

Sponsored by Sen. Roberta Lange (D-Las Vegas), this bill authorizes and allows recreational marijuana dispensaries to engage in curbside pickup — in effect legalizing a practice first allowed last year when the state was still in a coronavirus-related stay-at-home order.

The measure authorizes the state Cannabis Compliance Board to adopt regulations related to curbside regulation, while allowing local governments to adopt ordinances beyond whatever rules are adopted by the compliance board. It also modifies several existing portions of law related to the packaging and labeling of marijuana products.

SB168 passed on a 35-6 vote in the Assembly and on a 19-1 vote in the Senate.

AB187: Designates the month of September as “Ovarian and Prostate Cancer Prevention and Awareness Month” in Nevada. 

This bill, which requires the governor to issue a proclamation every September encouraging the observance of Ovarian and Prostate Cancer Prevention and Awareness Month, was sponsored by Assembly Speaker Jason Frierson — who earlier this session underwent treatment for prostate cancer.

The bill passed unanimously out of both the Senate and Assembly.

AB59: Raising smoking age to 21

Sponsored on behalf of the attorney general’s office, AB59 raises the legal age to purchase cigarettes or other tobacco products to 21 years of age, up from the past minimum of 18 years of age. It aligns the state with federal law — former President Donald Trump signed a law in December 2019 raising the minimum age on tobacco sales up to 21 years of age.

The bill passed on a 34-8 in the Assembly and 14-7 in the Senate.

AB109: Charter school teacher licensure

This measure requires that at least 80 percent of teachers working at a charter school hold a license or endorsement to teach in Nevada, including 100 percent of teachers providing instruction in a “core academic subject, English as a second language or special education.” Non-licensed instructors have to meet certain requirements, but instructors without a license are allowed to continue teaching until July 1, 2026 before they have to obtain a teaching license.

The bill passed on a 31-9 vote in the Assembly and a 12-8 vote in the Senate.

AB111: Expanding diversity of Peace Officers’ Standards and Training Commission

Sponsored by Assembly Speaker Jason Frierson (D-Las Vegas), the measure increases the membership of the Peace Officers’ Standards and Training Commission from 9 to 11 members and requires the Majority Leader of the Senate and Speaker of the Assembly to each appoint one member who is not a peace officer and has demonstrated expertise in: implicit and explicit bias, cultural competency, mental health as it relates to policing  or working with vulnerable populations. The bill also requires the governor and Assembly and Senate leaders to consider racial, gender and ethnic diversity when making appointments.

The bill passed on a 42-0 vote in the Assembly and a 12-8 vote in the Senate.

AB123: Golden Knights license plate fees

The measure imposes an additional $10 fee on Vegas Golden Knights special license plates and $10 for renewal for deposit with the treasurer for credit to the General Fund. The bill also requires the Treasurer to distribute additional fees from the Vegas Golden Knights license plates to the Vegas Golden Knights Foundation on a quarterly basis.

The bill passed on a 30-12 vote in the Assembly, and a unanimous vote in the Senate.

AB336: Annual behavioral health care assessment for law enforcement officers

The bill, sponsored by Assemblywoman Daniele Monroe-Moreno, requires the Peace Officers’ Standards and Training Commission to adopt regulations establishing standards for an annual behavioral wellness visit designed to preserve the emotional and mental health of law enforcement officers. The visit would also assess conditions that may affect performance of duties.

The bill passed on a 33-9 vote in the Assembly and a 17-4 vote in the Senate.

AB409: Addressing implicit bias in law enforcement recruitment

The measure requires the Peace Officers’ Standards and Training Commission to adopt regulations addressing bias in the recruitment and selection of law enforcement officers. Under the bill, the commission would have to include evaluations to identify implicit bias on the part of an officer on the basis of race, color, religion, national origin, physical or mental disability, sexual identity or gender identity or expression.

The bill passed the Assembly on a 36-6 vote and the Senate on a 17-4 vote.

AB378: Federal and state land management

A measure aimed at reversing many of the public land policies and laws of the state hostile to federal control of public lands, AB378 repeals and changes many provisions in state law originally sponsored by supporters of the ‘Sagebrush Rebellion,” the movement in the 70s seeking more local control of federal public lands.

The bill passed on a party-line 26-16 vote in the Assembly and on a narrow 11-10 vote in the Senate, with Sen. Dina Neal (D-Las Vegas) joining Republicans in opposition.

AB435: Expands tax exemptions to trade shows/meetings

Under current law, every business entity in the state whose gross revenue during a fiscal year exceeds $4 million pays an annual Commerce Tax. But, there are exemptions for businesses that take part in an exhibition held in the state for conducting business and are not required to obtain a state business license for the exhibition because the exhibition facilitator pays the licensing on behalf of that business.

The bill expands the exemptions from the Commerce Tax to apply to anyone who takes part in an exhibition, trade show, industry or corporate meeting held in the state, regardless of whether the person is required to obtain a state business license. It also clarifies that an organizer, manager or sponsor of such an event or an exhibitor may claim the exemption.

The bill passed out of the Assembly on a 41-1 vote and the Senate on a 20-1 vote.

SB46: Protecting personal information

The bill, sponsored by the Senate Committee on Government Affairs, allows employees of the attorney general to request that personal information be kept in a confidential manner. For example, under the legislation employees can request the DMV to display an alternate address on his or her identification card.

SB46 passed unanimously out of the Senate and then on a 33-8 vote out of the Assembly.

SB114: CBD and hemp-infused foods

Sponsored by Sen. Pete Goicoechea (R-Eureka), SB114 generally authorizes certain food establishments to sell hemp or CBD-infused food products. The bill passed unanimously out of the Assembly and on a 20-1 vote in the Senate.

SB379: Health care provider database

The bill, sponsored on behalf of the interim Legislative Committee on Health Care, requires the state’s Department of Health and Human Services to create and maintain a database of demographic and practice information on health-care providers and make the data available to professional licensing boards upon request. It also requires the state health agency to establish a Health Care Workforce Working Group to analyze information in the database and study ways to attract healthcare providers to the state. 

SB379 passed on a 35-6 vote in the Assembly and on a 20-1 vote in the Senate.

Corrected on Friday, May 28, 2021, at 3:40 p.m. to reflect that AB348 reorganizes the Patient Protection Commission but does not establish an all payer claims database.

Amended Live Entertainment Tax bill would impose tax on reservation fee for events, draws criticism from Burning Man

A person in a mirrored suit at Burning Man.

A new amendment to a bill from Sen. Dina Neal (D-North Las Vegas) would expand the state’s Live Entertainment Tax (LET) to include reservation fees or charges that guarantee a person the right to purchase admission to a live entertainment event at a later time.

The original version of the bill, SB367, would have imposed the 9 percent tax on Raiders and Golden Knights home games, but failed to pass out of committee by an April legislative deadline. However, the measure was granted a late waiver to legislative rules on Tuesday and was resurrected with a new amendment from Neal.

The amended version instead preserves the tax carve-out for both organizations and takes on the new goal of expanding what counts as an admission charge for a live entertainment event.

During a Thursday hearing of the bill, Neal explained that under the current LET provisions, an entity could charge $475 for a reservation fee to be able to buy a ticket, then only charge $25 for the actual ticket. The tax would then only apply to the smaller fee for the ticket and not the larger cost for the reservation. With the bill, Neal said she wants the tax to apply to the fees that ultimately allow someone to be admitted into an event, including a reservation fee.

“It is of the opinion of the tax department that, or really me, that the LET should be applied to the actual reserve charge because it is giving them access to the event and therefore admissions,” Neal said.

But the new version of the legislation received push back from the Burning Man Project, which puts on an annual art and culture festival in Black Rock City, Nevada.

Neal specifically brought up Burning Man as an example of the kinds of events that might be captured under the expansion of the tax. The organization recently offered 1,000 non-refundable and non-transferable reservations, starting at $2,500 each, that would have ensured a person's future access to purchase a full-price ticket to each of the next two Black Rock City events.

“To levy a tax on a reservation or actual purchase of an event ticket [that] is not guaranteed does not make sense,” Marnee Benson, government affairs director for the Burning Man Project, said during the hearing. “The LET will be paid in full as always, if and when the individual buys an actual ticket to Black Rock City.”

Benson explained that the $2,500 reservations were a “one-time fix” that the organization used to bridge the gap between its last event in 2019 and its next event in 2022. However, she also noted the bill would have no real effect on the organization at least for this year as the event was cancelled for 2021.

“As Burning Man Project is no longer making these reservations available, the program has run its course,” Benson said. “So the passage of this bill would likely bring no additional revenue to the state from Burning Man. It would, however, be an unfortunate commentary on Nevada’s support for Burning Man.”

Neal noted that the expansion of the tax to apply to reservation fees is meant to apply to other entities that engage in future sales similar to Burning Man’s, even if the bill would not apply to the festival itself.

Editor’s Note: This story first appeared in Behind the Bar, The Nevada Independent’s newsletter dedicated to comprehensive coverage of the 2021 Legislature. Sign up for the newsletter here.