Blockchains stays bullish on ‘Innovation Zones,’ promises economic opportunity to skeptical lawmakers

Gov. Steve Sisolak and Blockchains LLC’s ambitious dreams of a self-governing, high-tech “Innovation Zone” fizzled in the 2021 legislative session, and advocates of the concept are still facing skepticism from legislators across the political spectrum.

State lawmakers on a joint special committee studying the zones met Thursday to probe the contentious proposal, which would give county-level authority to a brick-and-mortar community Blockchains hopes to build in Northern Nevada. A broad coalition of progressives, Republicans, tribal leaders and Storey County officials led Sisolak to drop plans for a bill last session, and hesitance lingered in Thursday’s meeting. 

Representatives from Blockchains and other backers laid out a broad overview of the proposal’s potential economic impact, with legislators questioning the need to give a private sector entity the governing powers of a county. A number of attendees also voiced concerns about setting a bad precedent with granting public authority to a single company, while others expressed cautious optimism for possible benefits.

“We hope that over the course of the next four to five months, we’re able to make that case that this is maybe the single-most important idea that we’ve dealt with in our careers,” said Pete Ernaut, a Blockchains lobbyist.

The company hopes to develop a “smart city” over a 75-year timeframe on Storey County land that CEO Jeff Berns previously purchased. Representatives from the company said an “Innovation Zone” would use “hundreds of thousands” of sensors to collect real-time data combined with blockchain technology (decentralized records of digital transactions) to yield highly responsive decision-making. 

Jeremy Aguero, principal analyst with Applied Analysis hired by Blockchains, said it is estimated to create $16.4 billion in construction development and provide 123,600 jobs. Aguero also projected that the community’s ongoing operations would lead to $4.6 billion in average annual economic impact and would support 40,300 jobs.

Matthew Digesti, vice president of Blockchains’ regulatory strategy, described what life in the Innovation Zone might look like.

“Innovation Zone residents will own and control their digital identities, engage in peer-to-peer renewable energy transactions, manage all government interactions from a mobile phone, share in public infrastructure revenue, cast real-time votes on hyperlocal community issues, pay taxes in real time, create passive income by monetizing assets, manage and control their medical records, and engage in other use cases that we frankly cannot imagine,” Digesti said.

But legislators expressed some reservations about establishing an “Innovation Zone” and equipping a private company with governing power.

Assemblyman Howard Watts (D-Las Vegas) asked how Blockchains plans to balance trust and transparency with personal privacy. Sen. Mo Denis (D-Las Vegas) sought more clarification on why an “Innovation Zone” had to exist outside of Storey County’s jurisdiction. And Assemblyman P.K. O’Neill (R-Carson City) asked why blockchain technologies couldn’t just be used in Storey County as it exists.

Blockchains representatives said an “Innovation Zone” would make it easier to retrofit existing county buildings and infrastructure, and the technology used throughout the community would be decentralized and encrypted to preserve privacy.

Concerns also persisted over how a new development would affect the environment, including water consumption and the Pyramid Lake Paiute Reservation.

Storey County representatives called in during the meeting’s public comment period, raising pointed questions.

“Why can't Blockchains LLC work within one county — Storey County — known as the most business-friendly, innovative-friendly county, not only in the state, but in the country?” asked Mary Walker, a lobbyist for Storey County.

Storey County Commissioner Clay Mitchell voiced support for the economic opportunity but expressed skepticism about creating a new governing entity.

“I'm quite excited about the opportunities presented here,” Mitchell said. “It leaves me wondering, why haven't the specifics of this idea been presented to the host county first?”

Minden, Washoe Tribe agree to move time of siren associated with sundown ordinance that forced people of color out of town

Tribal leaders and the town of Minden announced on Wednesday an agreement to change the time of the daily siren that many contend was once used as a warning for people of color to leave town by nightfall and that has drawn renewed attention amid measures passed in the 2021 legislative session.

The deal — jointly announced by Serrell Smokey, the chairman of the Washoe Tribe of Nevada and California, and John Frisby, manager of the town of Minden in Douglas County — changes the time of the daily alarm from 6 p.m. to 5 p.m., but still allows for the siren to be used. The change comes in the face of a new law, AB88, that prohibits Nevada counties, cities and unincorporated towns from sounding sirens, bells or alarms historically used to alert people of color to leave town at a certain hour.

Tribal members link the siren to a Douglas County “sundown ordinance” that required Native Americans to leave towns by 6:30 p.m.. The siren has continued even after the ordinance was repealed in 1974 — Minden officials approved a retroactive ordinance in 2007 stating that the siren was intended to honor first responders.

But tribal members and residents of Minden have long disagreed over what the siren means, as the Washoe Tribe pushed to eliminate what it sees as a piece of historical trauma and racism, while some from Minden viewed the alarm as a community “dinner bell” or as a way to honor first responders. 

The new law that bans the use of sirens starting on Oct. 1 was sponsored by Assemblyman Howard Watts (D-Las Vegas) and was signed by Gov. Steve Sisolak on June 4 at a ceremony for tribal-related legislation. The bill also limits Nevada schools from using racially insensitive mascots.

“That's really what Assembly Bill 88 tries to do is help educate people about some of the racially discriminatory aspects of our history,” Watts said at the event. “I believe that by confronting these issues, and working together to address them, we can all move forward together and have a brighter future for the state.”

Watts’ bill does not indicate whether a town may be subject to penalties for continued use of a prohibited siren, but he told The Nevada Independent that he is supportive of the agreement and that he thinks “the discussion around AB88 helped get the tribe and the town to an agreement.”

“I think that the six o'clock time slot was what was particularly upsetting to the tribe,” Watts said in an interview on Thursday. “The bill was aimed at getting that siren to stop being sounded, particularly at that time … If the tribe feels that that's enough distance, that it's no longer associated with that ordinance, then I think that is in alignment with the spirit of the law.”

The announcement Wednesday noted that the change comes in response to the tribe’s request that Minden’s 6 p.m. emergency siren not sound in proximity to the time of the revoked Douglas County sundown ordinance. 

“Deleting the 6:00 p.m. siren will honor those hurt by archaic sundowner mandates of prior eras,” Smokey and Frisby wrote in the statement. “Chairman Smokey and Town Manager Frisby are hopeful that this change will herald greater respect and genuine progress for all members of our communities.”

The announcement also stated that the new 5 p.m. siren will be used to acknowledge the local volunteer firefighters and first responders who have historically been dispatched by the town siren.

Update: This story was updated at 4:40 p.m. on July 1, 2021 to include comment from Assemblyman Howard Watts.

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.

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

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.

Assembly finally moves to close the 'classic car' loophole as end of session looms

The examples are all around. Cars driving around with a “classic vehicle” license plate that are not, by any reasonable definition, classic. That’s because of 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. 

It also created a loophole for emissions testing. Cars with a “classic vehicle” license plate are not required to pass an emissions test. AB349, legislation backed by Assemblyman Howard Watts III (D-Las Vegas), looked to close the loophole with the goal of improving air quality. 

To fix the problem, the legislation required classic-vehicle drivers to hold classic-car insurance. The bill was received with wide support from environmental groups, the Nevada Public Health Association, the American Lung Association, and health districts in Clark County and Washoe County. They said closing the loophole would reduce pollution and benefit public health.

AB349 made other changes to the state’s vehicle emissions program. It includes provisions to use remote sensing for emissions testing and exempts new, less-polluting cars from emissions testing for the first three years of the vehicle’s life. The bill looked to raise existing fees, bringing them closer to their inflation values, and use funds to help drivers repair and replace old cars.

Going into the last week of the session, lawmakers moved to adopt an amendment authorizing county commissions to impose fees related to emission reduction — a change aimed at removing the constitutional requirement for a two-thirds vote on the bill, as it previously raised taxes and fees.

After the amendment was approved, the Assembly passed the legislation 25-17 in a largely party-line vote. Assemblyman Edgar Flores (D-Las Vegas) joined Republicans in opposing the legislation.

The amended legislation removes the fee changes, but it allows Clark and Washoe counties to impose new fees that support vehicle emission reductions. The amendment requires that any new funds be used by local air quality agencies, with at least 50 percent of the funding going “to reduce emissions from a motor vehicle for the benefit of historically underserved communities.” 

But the revenue element of the legislation, Watts said, was critical because it provided a funding pathway for drivers to ensure their vehicles comply with emissions testing requirements.

“The whole reason that I'm working on this revenue piece is to be able to provide a way to help people, sooner rather than later, be able to afford and transition into cleaner vehicles,” he said.

Watts said the legislation, as amended, is an important step in addressing air pollution.

“It’s hugely important to the community,” Watts said on Tuesday. “We know that transportation, and particularly vehicles, are the number one source of greenhouse gas emissions in the state. We know that it's contributing to all kinds of things that worsen in public health — heat, drought, wildfire, etc… So I think anything that we can do to reduce that is going to be hugely beneficial.”

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.

Deadline Day: Lawmakers approve ghost gun ban, medical debt protection and cage-free egg bills

Front of the Nevada Legislature building

Nevada lawmakers are moving to vote out dozens of bills including measures banning ghost guns, changing criminal justice procedures including bail and affecting education, cannabis and health care heading into one of the final major bill passage deadlines of the session.

Friday marks the deadline for bills to pass out of their second house, one of the biggest milestones before the Legislature is constitutionally required to adjourn no later than midnight on May 31. Ahead of the scheduled floor sessions, legislators teed up votes on nearly 170 measures that either need to pass by midnight or end up in the legislative graveyard.

Lawmakers haven’t saved everything for the last day — members of the Assembly and Senate have met late into the night throughout the week to finish processing a number of big-ticket bills: decriminalizing traffic tickets, sealing the records of evictions that happened during the pandemic, banning police ticket or arrest quotas and extending rollovers for school construction bond construction.

Friday isn’t the final stop on the legislative rollercoaster — lawmakers will spend the next 10 days zipping up final budget details, hashing out differences on amended bills and dealing with a rush of last-minute major policy items introduced in the waning days of the session, from the state public health insurance option to limiting firearm possession on casino property.

Here’s a look at some of the major bills that have passed so far this week. The Nevada Independent will update this story as additional bills are passed on Friday.

Medical debt collection

Collection agencies would be barred from certain aggressive practices and have to give more warning to people before they start collecting on medical debt under SB248, a bill backed by Sen. Marilyn Dondero Loop (D-Las Vegas) that passed the Assembly in a 28-13 vote. 

The bill requires collection agencies to notify a debtor by certified mail about the amount of debt, as well as when, why and where it was incurred, at least 60 days before the agency begins collection activities. The debtor can make payments during the notification period and it will not be reported to any credit reporting agency.

It also caps the fees collection agencies can charge to 5 percent of the base medical debt. Legal aid providers who presented the bill said they have seen instances where such fees were more than 100 percent.

The measure also bars collection agencies from taking “confession of judgment,” a practice that involves debtors signing away some of their rights and allows the collection agency to take steps such as garnishing the debtor’s wages.

Proponents argued that with about one in five Nevadans in collections for medical debt, and potentially more exposed to such situations if they lost insurance coverage during the pandemic, the protections could prevent many Nevadans from going into bankruptcy.

Marijuana DUI

Members of the Senate voted 15-6 to approve AB400, a bill that aims to update Nevada law to remove “per se” limits that specify how much marijuana metabolite in the blood would trigger a DUI. Proponents say the limits are an inaccurate indicator of impairment, because they can still be detected in the body long after a high wears off because of how marijuana is processed by the body differently than alcohol.

An amendment, however, has restored the per se limits in cases where someone is accused of a DUI causing death or substantial bodily harm. Supporters of the bill in its original form say the amendment keeps an unscientific measurement in the statute.

Removal of non-functional turf

Senators voted unanimously for AB356, a bill that would set in motion a plan to remove non-functional turf within the jurisdiction of the Southern Nevada Water Authority before the year 2027. Grass at single-family residences would be exempt.

The bill also requires the Legislative Committee on Public Lands to conduct a study on water conservation.

Cage-free eggs

Senators voted 16-5 in favor of AB399, a bill that prevents the sale of eggs in Nevada starting in 2024 if the hens aren’t in a cage-free housing system or are in such a system but without sufficient space to move around. Farms with fewer than 3,000 egg-laying hens are exempted from the requirement.

Members of the egg industry had lined up in support of the bill, saying cage-free eggs are the wave of the future and such a law would ensure uniformity in requirements across the region. Opponents, including Sen. Ira Hansen (R-Sparks) said he worried that the requirement would raise the price of eggs and harm low-income families.

Hairstyle protections

Under SB327, passed out of the Assembly on a 33-8 vote, hairstyles associated with particular races would be protected against discrimination.

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

The bill arrives as part of a nationwide movement to end hair discrimination. If passed, Nevada would join at least 10 other states that have passed similar legislation, including Washington, California and Colorado.

Paid-leave for health purposes

Members of the Assembly voted 30-11 to pass a measure that would require employers to provide paid leave for an employee receiving a COVID-19 vaccine.

The bill, SB209, would also allow an employee to use paid leave for any health reason, including for treating an illness and caregiving. Under the bill, the Legislative Committee on Health Care would also conduct a study during the 2021-2022 interim assessing the state’s response to the pandemic and making recommendations for legislation addressing future public health crises.

Tiger King bill

Members of the Assembly voted 35-6 for a so-called “Tiger King” bill nicknamed for the Netflix series on a wild animal collector. In its original form, the bill, SB344, prohibited owning and breeding wild animals, but it was significantly watered down.

Now, the bill 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. 

Banning ‘ghost guns’

A contentious measure banning so-called “ghost guns” and other firearm assembly kits that don’t come equipped with serial numbers passed the Senate on a party-line vote.

The bill, AB286, is sponsored by Assemblywoman Sandra Jauregui (D-Las Vegas), and would prohibit a person from possessing, purchasing, transporting or receiving any unfinished frame or receiver of a firearm, or assembling any firearm not imprinted with a serial number. An earlier version of the bill would have also prohibited individuals from carrying firearms on to casino property, but those provisions were removed and later resurfaced in SB452 — an emergency bill from Senate Majority Leader Nicole Cannizzaro up for a hearing on Saturday.

Republicans opposed the bill — Sen. Ira Hansen (R-Sparks) said that law enforcement in Nevada believed few if any crimes were committed with ghost guns in the state.

“The idea that serial numbers somehow help reduce crime just doesn’t add up,” he said.

Those arguments failed to sway Democratic lawmakers.

“I think we have all as a society agreed that no one should be able to own a gun without a background check, and this bill brings us closer to that ideal,” Sen. Dallas Harris (D-Las Vegas) said. “End of statement.”

Lowering barriers to birth control

In a 28-13 vote, members of the Assembly passed out SB190, a bill allowing women to receive birth control through a pharmacy without a doctor’s visit. Assemblywomen Jill Tolles (R-Reno) and Melissa Hardy (R-Henderson) joined Democrats in support of the measure which supporters said will lower barriers to obtaining birth control.

Prohibiting ‘doxing’

Members of the Senate voted 15-6 to pass AB296, which allows victims of ‘doxing’ to bring a civil action to recover damages. ‘Doxing’ involves the unauthorized sharing of personal identifying information, such as an address, with the intent to cause harm or mental anguish.

The bill exempts the dissemination of certain information from liability for ‘doxing,’ including the reporting of conduct reasonably believed to be unlawful, information that depicts an elected officer acting in an official capacity, information gathered under the constitutionally protected rights of freedom of speech and assembly and good faith communications meant to further the right to petition or right to free speech in connection with public concern.

Several Republican lawmakers raised concerns that the bill contained exemptions for elected officials acting in an official capacity, or law enforcement “acting under the color of law.” 

Hate crime changes

Members of the Assembly voted 33-8 to pass SB166, a bill clarifying that a crime does not need to be committed by someone with different characteristics than the victim to be considered a hate crime, with qualifying characteristics including race, color, religion, national origin, physical or mental disability, sexual orientation and gender identity.

The amended version of the bill passed out of the Assembly additionally requires a prosecuting attorney to prove beyond a reasonable doubt that the perpetrator would not have committed the crime if not for the existence of such a characteristic.

The measure also expands the list of hate crimes for which a victim may bring forward a civil action to recover damages to include making threats or conveying false information concerning lethal weapons or acts of terrorism and threatening violence or death to a student or school employee.

Back on Track Act 

Assembly members passed SB173, dubbed the “Back on Track Act,” in a 33-8 vote. The bill calls on districts to create learning loss prevention plans and set up summer school programs, then authorizes them to request federal aid to fund the initiatives.

The bill allows schools to have the option for students to attend summer school in-person or virtually. The program aims to help students who may have fallen behind in school subjects or are credit deficient and those with disabilities or who are English learners.

Although the “Back on Track Act” goes into effect when approved, it is set to expire on Jan. 1, 2022. 

HOA debt collection

The Assembly voted 28-13 to pass SB186, a measure that would require collection agencies to file a report on collections related to homeowner’s associations (HOA). 

The bill would also prohibit collection agencies from collecting debts from a person who owes fees to an HOA if the collection agency is connected at all to the HOA, either through sharing the same owners or affiliates. 

The measure stipulates that if an HOA uses the foreclosure process, the home could not be sold to a person or entity involved in the process. It would also require an HOA to send its notices and communications by mail and email and that each HOA in a common-interest community with 150 or more units would need to establish an electronic portal that members could access.

Marriage license fees to help domestic violence victims

In a 32-9 vote, the Assembly passed SB177, which would double a fee on marriage licenses from $25 to $50 to better support sexual violence and domestic violence victim services in all the counties. 

The fees are expected to increase program funding from $2.5 million to $5 million annually. The bill states that 75 percent of the funding would go toward domestic violence victim services and 25 percent would go to sexual violence services. 

Land and water conservation

The Senate voted to pass AJR3, which would establish an effort to protect 30 percent of the nation’s lands and bodies of water by 2030. The vote was 12-9, along party lines.

The resolution points out that the state has lost more than 9 million acres of wildlife habitat in the  last two decades as a result of wildfires and only a small percentage of the land is currently protected. 

The conservation of land and water in the state may be accomplished through a combination of  federal and state actions, including designating or establishing wilderness areas, national parks and state parks. The resolution includes the designation of Spirit Mountain, known as Avi Kwa Ame, in Southern Nevada as a national monument, and permanent protection for the Desert National Wildlife Refuge from military expansion.

Previously, AJR3 passed the Assembly with a 26-16 vote, also along party lines. 

Allowing college athletes to profit off their likeness

College athletes in Nevada may soon be able to profit off of their name, image or likeness, after members of the Senate unanimously passed AB254 on Friday.

The bill would prohibit the National Collegiate Athletic Association (NCAA) from preventing students from using their likeness, name or image in sponsorships or for other professional services, with certain limits on what kinds of businesses that students can contract with. It also requires the Legislative Committee on Education to conduct an interim study on the issue.

Criminal justice changes

In an almost unanimous 38-1 vote, members of the Assembly passed out AB116 on Thursday, a bill that would decriminalize traffic tickets in Nevada (Assemblyman Greg Hafen (R-Pahrump) voted no). This is the fifth session in a row that Nevada lawmakers have considered the action, which proponents say would move the state away from the vestiges of a Victorian-era debtor’s prison but that local governments continue to oppose because of how it might affect their budgets. 

In a 40-0 vote on Thursday, members of the Assembly also passed out SB50, a bill introduced on behalf of the attorney general that would prohibit the issuance of no-knock warrants unless a sworn affidavit demonstrates that the underlying crime is a felony that could pose a significant and imminent threat to public safety or the warrant is necessary to prevent significant harm to the officer or another person.

Members of the Senate voted out several criminal justice reform measures late Thursday, including:

  • AB42, which implements a state Supreme Court order establishing a statutory right to a jury trial for a person charged with misdemeanor domestic violence that would lead to the accused losing firearm ownership rights.
  • AB104, which clarifies some of the existing procedures for awarding payments to the wrongfully convicted and expands the services a wrongfully convicted person may be compensated for, including housing assistance and financial literacy programs.
  • AB158, which significantly lightens penalties for minors who purchase or possess alcohol or cannabis, including prohibiting jail time and fees for first and second offenses.
  • AB186, which prohibits law enforcement agencies from requiring police officers to issue a certain number of traffic citations or make a certain number of arrests over a given period.
  • AB236, which raises the minimum age for candidates for state attorney general from 25 to 30 years of age, and requires the person to be a licensed attorney in good standing with the state Bar.

K-12 Education

Though much of the Legislature’s focus ahead of Friday’s deadline remains on passing bills out of their second house, members of the Senate also passed SB450, which allows school districts to use excess revenues from existing tax rates to fund Pay As You Go capital improvement projects, such as remodels and needed facility upgrades.

The measure passed on a 16-4 vote, with a few Republican senators upset with a lack of time to consider the measure, after the bill was introduced in the Legislature earlier in the week. Supporters have said the bill will not affect existing debt payments or reserve funds.

On Thursday, members of the Senate passed a variety of different K-12 focused Assembly bills, including:

  • AB109, which would require 80 percent of teachers at each charter school in the state to be licensed, including all teachers who teach a core academic subject.
  • AB195, which establishes an English language learner Bill of Rights that includes the right to a free and public education (regardless of and without disclosing immigration status) and the rights for a parent or guardian of an English learner to have an interpreter for significant interactions with school districts and to receive information about the student’s progress in the appropriate language.
  • AB235, which requires school districts to provide more help to students for filling out the Free Application for Federal Student Aid.

Higher education changes

Following the narrow failure of Question 1 in November, members of the Assembly on Tuesday voted 30-11 to pass SJR7, which attempts to take the same action as the failed ballot question by removing the Board of Regents from the state Constitution. Four Republicans, including a sponsor of the resolution, Tom Roberts (R-Las Vegas), joined all Democratic Assembly members in support, after the measure previously passed out of the Senate on a 20-0 vote. 

Proponents of the resolution have said that part of the reason Question 1 failed was because the language used was too complicated for voters to understand, and those supporters have also argued that removing the regents’ constitutional protection would create greater accountability. Opponents of the change, including members of the Board of Regents, have argued that the measure would do little to address higher education policy issues.

The resolution would need to be passed by the 2023 Legislature before going back to voters on the 2024 ballot.

Beyond deadline day, Gov. Steve Sisolak on Thursday signed a measure that would formally authorize the Board of Regents to “enter into an agreement to affiliate with a publicly or privately owned medical facility.” SB342 will in practice serve as a legislative seal of approval for regents as they seek to approve a major partnership between the UNR School of Medicine and Reno-based health care provider Renown Health. 

The affiliation agreement, which has been in various stages of drafting and negotiations since September of last year, will broadly integrate “medical education, clinical research and clinical practice activities between UNR Med and Renown,” according to a copy of the agreement shared with regents in April. 

Though the legislative blessing has been secured, the deal must still pass through the Board of Regents before final approval. Even so, the measure has found unanimous support from legislators, the governor, regents and higher education officials, and its approval sometime this summer appears all but assured. 

Economy & Business 

Members of the Senate voted along party-lines on Thursday to approve AB207, a bill by Assemblyman Howard Watts (D-Las Vegas) that would expand existing anti-discrimination laws affecting places of public accommodation to e-commerce.

Senators also voted 16-4 to approve AB184, a bill that temporarily creates an Office of Small Business Advocacy in the office of the lieutenant governor. Sisolak called for creation of the office in his 2021 State of the State address.

Banning racist school logos or mascots

Members of the Senate voted along party lines to pass AB88, a bill from Assemblyman Howard Watts (D-Las Vegas) that would require the board of trustees of each school district to ban offensive or racially discriminatory language or imagery in school names, logos or mascots.

The bill allows schools to adopt names, mascots or logos related to tribes as long as the tribe consents.

The measure would additionally ban counties and other local governments from using any alarms or sirens that were previously sounded on specific days or times to require people of a particular race, ethnicity, ancestry, national  origin or color to leave the area by a certain time. A siren of that kind is still used in Minden.

Pot for pets

In a 20-0 vote on Thursday, members of the Senate passed AB101 a bill that would give veterinarians the ability to administer hemp or CBD products containing no more than 0.3 percent of the psychoactive compound THC to an animal, or recommend those products to a pet owner.

Veterinarians and animal advocates have supported the measure, arguing that those products can help animals with anxiety, pain, cancer and arthritis and that the bill would stop the Nevada Board of Veterinary Medical Examiners from disciplining licensed veterinarians or facilities solely for administration or recommendation of a hemp or CBD product.

Record sealing for pandemic summary evictions

In a party-line 12-8 vote, Senate members approved AB141, a measure that would require courts to automatically seal eviction case court records for any summary eviction conducted during the COVID-19 pandemic.

A previous version of the bill would have required landlords to give some long-term tenants additional advance notice before filing a no-cause eviction.

Reporter Jacob Solis contributed to this report.

Fire managers prepare for summer blazes as the state faces severe drought conditions

Good morning, and welcome to the Indy Environment newsletter.

I’m writing this newsletter from Winnemucca. For the past month, I’ve been reporting out a story on the Thacker Pass lithium mine, which the Trump administration approved in mid-January. 

I’m getting a lot of community perspectives about the project, which would be located outside of Orovada. On Monday evening, I attended a public meeting about having the mining company relocate and rebuild the Orovada Elementary School because of safety concerns with more trucks hauling materials and driving through the area. A lot of perspectives from parents. My story should be coming out in a few weeks. In the meantime, send me any thoughts you have about the project.

As always, we want to hear from readers. Let us know what you’re seeing on the ground and how policies are affecting you. Email me with any tips or suggestions at daniel@thenvindy.com

To get this newsletter in your inbox, subscribe here.


Nevada is facing its worst drought in two decades. 

Nearly 95 percent of the state is facing severe to exceptional drought, according to the U.S. Drought Monitor. In April, most of the Great Basin experienced above-normal temperatures with little precipitation. As with much of the West, Nevada saw well below-average rain and snow for the water year, which begins in October. Snowpack peaked early, and snow is melting quickly. 

Gina McGuire Palma, a meteorologist who forecasts fire in the Great Basin, presented those statistics at a media wildfire briefing last week. The dry conditions, she said, are important for the forecasts facing fire managers as they start planning for the warm summer months.

When it comes to fire and drought in the Great Basin, the story is complicated. Although drought means less moisture, it also means that low-elevation grasses are less abundant and productive. That’s important because those low-elevation grasses fuel many of the large-scale fires across the Great Basin. The amount of acreage burned and drought are not always related in the Great Basin. But that doesn’t necessarily mean less potential for a bad fire season. 

What it means is that in a drought year, like the one we are seeing, the fire risk tends to be in mid-to-higher elevation areas, McGuire Palma said at the briefing. Another big factor is where the fire is. A smaller acreage fire in a highly-populated area or in sensitive wildlife habitat can have long-lasting effects. And there have been notable fires during drought years before. 

Prior to the media briefing, state, federal and local agencies briefed Gov. Steve Sisolak about fire risks facing the state. At the briefing, Sisolak described wildfire as “one of Nevada’s most challenging issues,” but he said agencies are “better coordinated than ever before.”

Kacey KC, the state forester for the Nevada Division of Forestry, said that better coordination is important in the Great Basin, where much of the land is managed by a variety of agencies. The federal government manages about 85 percent of land within Nevada, and one agency, the U.S. Bureau of Land Management, manages about 65 percent.

“We learned through many years of being jurisdictionally challenged that we had to work better together,” KC said. “And we actually also realized, awhile back, that not only do we have to be highly effective at wildfire suppression, but also need to work harder at really targeting our limited resources and funding at the areas that are most critical to reduce risk in.”

In all of this, humans play a big role.

Sisolak, in his remarks, underscored the effects that climate change is having on fires: “While wildfires are a natural part of Nevada’s landscape, the fire season is starting earlier each year and ending later. Climate change and cycles of drought are considered key drivers of this trend.” 

In addition to climate change, the vast majority of fires — about 67 percent — were linked to human activity last year. Sisolak implored residents to be aware of the risks of starting a fire.

“What we can do as residents in Nevada is be aware,” Sisolak said. 

More reporting on this from KNPR and the Associated Press. And tips for preventing fires.

Here’s what else I’m watching this week:


CARSON CITY AND CONGRESS

A massive energy bill drops at the Legislature: Sen. Chris Brooks (D-Las Vegas) dropped a major energy infrastructure bill last week with less than three weeks left in the session, as my colleague Riley Snyder reported. The legislation, presented at a roundtable with Sisolak and NV Energy, aims to increase the state’s transmission capacity (crucial for putting more renewables on the grid) and to require more investment in charging for electric vehicles. Both are central to the governor’s climate strategy, and backers of the bill argue that it is vital in order to ensure the state plays a central role in the transition from fossil fuels toward renewable energy. 

  • Most environmental groups support the broad components of the bill: They want to see more deployment of renewable energy, and transmission is going to be an important element of that. At a hearing Monday, several groups, including the Natural Resources Defense Council and Nevada Conservation League, came out in favor of the legislation. 
  • But some groups believe the legislation shortcuts comprehensive planning: For months, environmental groups have been pushing state agencies to identify land where energy development is appropriate and where it conflicts with other priorities, including recreation and wildlife habitat. They want to see policymakers working to prioritize new energy development, such as solar fields, on already disturbed land. The transmission lines matter, they say, because their alignment and siting often dictate where projects go. These groups want to see more comprehensive planning when it comes to building out a more renewable grid. Based on my reporting, they are not alone. Public land has many constituencies, and permitting conflicts are not limited to environmental issues.
  • There is also the question of regulatory oversight: The legislation dropped with only a few weeks left in the session. But given the presence of the utility at the unveiling of the complex bill, it is clear that it came out of negotiations between legislative leaders, NV Energy and the Sisolak administration. It’s worth noting that the Nevada Resorts Association came out in “technical opposition” because of the late bill introduction and sought changes that “retains authority and regulatory discretion to protect customers from increased rates and making projects more expensive than they need to be.”

Swamp cedar bill passes both houses: The Senate on Monday passed legislation to grant state protection to unique stands of low-elevation Rocky Mountain juniper trees in Spring Valley (known as Bahsahwahbee in Shoshone). The legislation, introduced by Assemblyman Howard Watts III (D-Las Vegas), would protect the trees, known as the swamp cedars, that stand as a sacred and spiritual place for Shoshone and Goshute communities. Sen. Ira Hansen (R-Sparks) was the only Republican senator who voted in favor of the bill, despite making remarks that questioned the accuracy of accounts of massacres that occurred at Bahsahwahbee and angering Indigenous advocates, as my colleague Jazmin Orozco Rodriguez reported.

A few pieces of legislation I’m watching as the session nears a close:

  • AB356: Banning Colorado River water from use in irrigating decorative turf
  • AB349: Ending a loophole allowing “classic cars” from evading smog rules
  • AB148: Preventing “bad actors” from getting a new mine permit
  • SCR10: Creating an interim study on hydrogen and lithium as energy sources 
  • SCR11: Creating an interim study on Sisolak’s “Innovation Zone” proposal
  • AB95: Adding an Indigenous representative to the interim public lands committee
  • AB146: Establishing a right to clean water, aims to better regulate indirect pollution 
  • SB285: Better integrating bikes into our road infrastructure
  • AB97: Creating a working group to look at “forever chemicals” known as PFAS
  • SB430: Restructuring the State Infrastructure Bank to fund climate-related projects
  • SJR1, AJR1, AJR2: The mining tax resolutions. Anything could happen. 

(This is by no means exhaustive. Let me know what I’m missing here — daniel@thenvindy.com. h/t to the Nevada Conservation League, which puts together a weekly list of bills to watch). 

Reauthorizing the Lake Tahoe Restoration Act: Sen. Catherine Cortez Masto introduced legislation last week to fund environmental protection at Lake Tahoe. The legislation has the backing of the entire Nevada delegation, the Tahoe Daily Tribune reported last week.


WATER AND LAND

“We’re going to have one of the lowest runoffs that we’ve seen:” SFGATE’s Julie Brown writes about low elevations at Tahoe, with an interview from the Truckee River Water Master. 

Diving to clean-up Lake Tahoe trash: “A team of scuba divers on Friday completed the first dive of a massive, six-month effort to rid the popular Lake Tahoe of fishing rods, tires, aluminum cans, beer bottles and other trash accumulating underwater,” the Associated Press reports. 

Biden considers new sage grouse rules: Associated Press reporter Matthew Brown reported last week that the Biden administration is considering a temporary ban on new mining across certain areas of public land in the West as part of efforts to recover the imperiled Greater sage grouse, which has seen significant population declines over the last half-century. From the story: “The Interior Department review comes in response to a federal court order and is expected to cover millions of acres of sagebrush habitat considered crucial to the bird’s long-term survival.”

Tracking a federal wild horse adoption program: “...records show that instead of going to good homes, truckloads of horses were dumped at slaughter auctions as soon as their adopters got the federal money. A program intended to protect wild horses was instead subsidizing their path to destruction.” Incredible reporting from the New York Times’ Dave Philipps.

Federal regulators to rule on Tiehm’s buckwheat: “The U.S. Fish and Wildlife Service agreed to make a determination on the listing of a rare Nevada wildflower as an endangered species by the end of the month,” reports Jeniffer Solis with the Nevada Current.

Water data is as important as ever: An example from California. 

For the mappers out there: A new, peer-reviewed Colorado River map is out. 

For the mappers out there (Part II): What is a summit? Great New York Times piece.

ENERGY AND CLIMATE

Google’s big geothermal announcement: Google is partnering with energy startup Fervo to develop a “next-generation geothermal project” that would help the company power its data centers and infrastructure in Nevada. Fervo expects to begin adding geothermal energy to the Nevada grid in 2022, according to a Google blog post, and the company views the project as a crucial part in its transition toward meeting its “moonshot” carbon-free energy goals by 2030.

  • From Google’s blog post: “Not only does this Fervo project bring our data centers in Nevada closer to round-the-clock clean energy, but it also acts as a proof-of-concept to show how firm clean energy sources such as next-generation geothermal could eventually help replace carbon-emitting power sources around the world.” 
  • “Next-gen:” In the blog post, the project is referred to as “next-generation” geothermal, distinguished from conventional geothermal because it uses advanced drilling, fiber-optic sensing and data analytics (the press release mentions AI and machine learning). But the project appears to be one step in the company’s larger plan to make geothermal more viable. At a keynote for Google I/O, an annual developer conference, CEO Sundar Pichai said geothermal “is not widely used today, and we want to change that.” 
  • That last quote is a big deal: As I’ve written in this newsletter before, developers have long seen an opening to deploy more geothermal, and Nevada is uniquely positioned. It has expertise, with a top geothermal developer headquartered here, and according to the U.S. Geological Survey, high potential for more geothermal development. Having a major company make a high-profile investment in geothermal is pretty significant.

Bury power lines? News 4-Fox 11’s Ben Margiott asked a top NV Energy executive.

An important utility debate is brewing: Los Angeles Times reporter Sammy Roth writes about a national debate over whether utilities should be allowed to charge their ratepayers for trade association fees, especially when those trade associations engage in advocacy activities. 

Deadline Day: Lawmakers advance dozens of bills as death penalty repeal, tenant protection measures fail

Despite the high-profile spiking of an effort to repeal the state’s death penalty, Nevada lawmakers rushed to process more than a hundred proposals ahead of another major legislative deadline.

Friday at midnight marks the deadline for most bills and resolutions to pass out of their second committee, typically a major legislative culling with less than two weeks left before lawmakers must adjourn the state’s 120-day session.

As of Friday, lawmakers had passed more than 90 bills out of committee with several committees running into the evening hours. High-profile measures making the cut on Friday included bills expanding anti-discrimination housing protections, limiting police use of force and banning use of police ticket quotas.

But one of the biggest casualties of deadline day was already known by Thursday, when Gov. Steve Sisolak and legislative Democratic leaders announced that an effort to repeal the state’s death penalty, AB395, had “no path forward” this legislative session. The bill had previously been approved by the Assembly on a party-line 26-16 vote, but faltered in the Senate amid hesitation from Democratic lawmakers and Sisolak to fully repeal capital punishment.

The demise of the bill — which one public defender described as a “gut punch” and ACLU representatives described as “an embarrassment” — eclipsed much of the attention for the day, with supporters calling in to unrelated hearings to relay deep disillusionment with Democratic leaders who failed to advance it. Progressives also lamented the bill’s failure on social media and said that aside from AB116, a bill that could decriminalize traffic tickets and is in limbo in a money committee, no other legislation considered this session comes close to fulfilling hopes of expansive criminal justice reform.

Outside of that high-profile bill failure, lawmakers nonetheless moved to pass out dozens of noteworthy bills ahead of Friday’s deadline, including measures banning decorative turf, limiting no-knock police warrants, allowing curbside pickup of cannabis products and implementing rate caps on calls to inmates.

But the relentless ticking of the clock continues. The next major legislative deadline, for bills to pass out of their second house of origin, is set for May 21 — just a week away.

Here’s a look at which higher-profile bills passed and failed as of Friday’s deadline.

FRIDAY

Cat declawing ban dies

A bill that would have banned the declawing of cats will not survive past the deadline, according to Sen. Fabian Doñate (D-Las Vegas), the chairman of the Senate Natural Resources Committee.

Sponsored by Assemblywoman Susie Martinez (D-Las Vegas), AB209 would have imposed civil penalties on any person who removed or disabled the claws of a cat, as well as sets disciplinary actions that the state Board of Veterinary Medical Examiners can take against a veterinarian who conducts the procedure.

“I think there were just a lot of different moving parts and we couldn't really come into agreement,” Doñate said. “There were other bills that we had to prioritize like the water bill, the mining bill.”

He said some lawmakers were hesitant because relatively few other states have enacted such a law. There were also unanswered questions about how the bill’s provisions interacted with other parts of statute — specifically, whether veterinarians who declaw a cat would be prosecuted for animal cruelty.

“Hopefully we get the chance to bring it back next session, now that we know where it stands,” he said.

Bill banning police tickets quotas 

Nevada is one step closer to joining the handful of states that ban police tickets and arrest quotas, even though law enforcement agencies have previously said they do not have such quotas. 

The Senate Committee on Government Affairs passed out AB186, a bill sponsored by Assemblywoman Rochelle Nguyen (D-Las Vegas), which prohibits police agencies in the state from ordering, mandating, or requiring officers to “issue a certain number of traffic citations or make a certain number of arrests over any period.”

An amendment to the bill was made to remove a provision which would have also prohibited agencies from considering the number of citations issued, arrests made or amount of fines assessed from citations by any individual police officer during a performance review, a concern that was brought up during a previous hearing of the bill

“The bigger concern I had is when we eliminate it from even being considered, you hear that enforcement does use things like this to determine whether or not they have a rogue copy on hand,” Sen. Ira Hansen (R-Sparks) said prior to voting against the bill.

But Sen. Marilyn Dondero Loop (D-Las Vegas) assured the committee that if the agency already does not use quotas then the bill “wouldn't matter” because they are applying what the bill sets in statute and the amendment addresses the concern of using the number of citations and arrests during performance reviews. 

Reducing barriers to contraception 

Members of the Assembly Committee on Commerce and Labor passed out SB190 on Friday, which is sponsored by Senate Majority Leader Nicole Cannizzaro (D-Las Vegas). The bill would allow women to receive birth control through a pharmacy without a doctor’s visit.

An amendment on the bill would require the State Board of Health to create a protocol for dispensing contraceptives that would include providing patients with a risk assessment questionnaire to patients who request contraception.

Assemblywoman Maggie Carlton (D-Las Vegas) and Assemblywoman Jill Dickman (R-Sparks) were the only members of the committee to vote against the bill.

“I still have some concerns about especially minor children getting birth control dispensed without seeing a doctor,” Dickman said. “So I'm going to be no right now, I might change on the floor.”

If the measure passes, Nevada would become the 13th state to legalize pharmacist-prescribed hormonal contraceptives.

HOA debt collection reform

SB186, a homeowner’s association (HOA) reform bill, passed out of the Assembly Committee on Commerce and Labor. 

The bill, sponsored by Sen. Pat Spearman (D-Las Vegas), would prohibit a collection agency from collecting a debt from a person who owes fees to an apartment manager, homeowner’s association, or tow car operator, under certain circumstances. It also requires a collection agency to file an annual report with information about debt collected for an HOA during the previous year.

Amendments on the bill prohibit an HOA that uses the foreclosure process from selling a foreclosed home to any person involved or connected to the foreclosure process, requires an HOA to send its notices and communications via e-mail as well as physical mail and mandates that each HOA in a common-interest community with more than 150 units establish a website or electronic portal that members may access.

Republican Assembly members Heidi Kasama and Jill Dickman were the only members of the committee to vote against the bill.

Regulations on food delivery platforms

Members of the Assembly Commerce and Labor committee also passed out AB320, a measure sponsored by Sen. Dina Neal (D-Las Vegas) that would establish regulations for the relationships between restaurants and delivery platforms. 

Under the bill, food delivery platforms would need to be transparent about all fees attached to an order, including a disclosure of the commission charged to the restaurant — expressed as a percentage of the food purchase price.

Regulations specify that a food delivery service platform provider would need to enter into a written agreement with a food establishment before facilitating an online order and that an establishment may submit a written request to be removed from a platform. Any providers in violation of the bill would be subject to a daily $500 penalty.

An amendment attached to the bill would:

  • Lower the limit on the maximum fee that could be charged by a food delivery serve platform provider from 20 percent to 15 percent during a state of emergency declared by a county
  • Provide that the limitation on the maximum fee that may be charged is effective only in a county in which a declaration of emergency is in effect
  • Stipulate that the bill does not preempt any local ordinance that places limits on the maximum fee that may be charged, as long as that ordinance was in effect before April 30, 2021

Tiger King bill

SB344, a bill that bans people and organizations from possessing, breeding, importing or selling dangerous wild animals except for those who fall in a certain category, including veterinarians, certain accredited zoos and certain resort hotels, passed unanimously out of the Assembly Natural Resources Committee on Friday.

The measure, nicknamed the “Tiger King bill” after the Netflix series about tiger collector Joe Exotic, grandfathers in people who already own the animals. People could keep any exotic pets they had as of July 1, 2021. 

A committee amendment passed along with the bill clarifies that employees with a special license and training are allowed to have direct contact with dangerous wild animals. The amendment also provides that people who receive disciplinary action relating to their wild animal license may still be exempt from the prohibitions of the bill, if they resolve the issue before July 1.

Tiny house bill survives deadline

Members of the Assembly Government Affairs committee voted Friday evening to keep alive a bill by Sen. Dallas Harris (D-Las Vegas) authorizing and requiring large counties and cities regulate and zone areas for tiny houses.

The bill, which passed out with some Republican opposition, set requirements for cities and counties to develop zoning laws for tiny houses no more than 400 square feet in size, with options including building tiny houses as an addition to a property, as designated single-family dwellings or in a space similar to a mobile home park.

The measure was passed out of committee with a conceptual amendment offered by Assemblywoman Selena Torres (D-Las Vegas) that would require counties take environmental impacts into account when zoning for tiny houses.

Temporary suspension of pupil growth requirement

AB57, a bill pausing certain requirements for teacher and administrator evaluations, passed out of the Senate Committee on Education with some Republican opposition.

As amended, the bill suspends requirements that pupil growth account for 15 percent of the evaluation of a teacher or administrator for the 2021-2022 school year and holds teachers harmless who did not meet their student learning goals from 2020-2021.

Changes to teacher-student ratios

Members of the Senate Committee on Education also passed AB266, a bill prohibiting administrations from being included in teacher to student ratio calculations and requiring that school districts determine the number of vacancies needed to reach state board recommended ratios.

The measure also requires that anyone evaluating a teacher responsible for a class that exceeds ratio recommendations to award the teacher additional weight on criteria within the state’s performance evaluation system. But an amendment attached to the bill would apply that weight only if a teacher was past the probation period and rated as effective or better and prohibit the additional weight from raising the score above the maximum possible score.

Wide-ranging housing protections

A bill aimed at strengthening anti-discrimination housing protections for formerly incarcerated individuals passed out of the Assembly Committee on Government Affairs on a party-line vote, with all Republicans in opposition.

SB254, which also passed out of the Senate on party lines with Democrats in support, prohibits, with some exceptions, a landlord looking to rent or lease a dwelling from:

  • Inquiring into an applicant’s criminal history, conviction record or arrest record
  • Refusing to rent or negotiate a rental or lease agreement based on an applicant’s criminal background
  • Publishing or releasing any notice that indicates a preference based on an applicant’s criminal history
  • Evicting a tenant based on an arrest record or criminal history.

Exclusions within the bill allow landlords to still conduct a background check to determine whether an applicant has committed arson, a sex crime or a violent felony — and subsequently refuse to rent to someone based on those criminal convictions.

The bill previously stipulated that a landlord could not reject an application because the prospective tenant receives housing assistance funds, but lawmakers on Friday approved removing those protections through a conceptual amendment.

Still, Republicans opposing the bill cited fears that it would infringe on landlord’s property rights.

"There are cases where we should protect people's right to housing. But these people made a choice to break the law," Assemblywoman Annie Black (R-Mesquite) said during the committee’s hearing on the bill. "And I believe that we don't have a place to tell a private property owner who they can and can't rent to, whether we have done that historically or we haven't."

Open-meeting laws exemption

Members of the Assembly Committee on Government Affairs approved moving forward with a bill allowing elected officials to meet behind closed doors when discussing certain projects with environmental effects.

SB77, proposed on behalf of the Legislative Committee on Public Lands, would exempt certain pre-decisional meetings and records involving environmental issues from the state’s Open Meeting Law and Public Records Act. The bill passed out of committee with all Republicans in opposition.

Supporters say that the bill is needed to comply with both federal and state laws, but open government advocates have argued that the measure would limit transparency in a process that has real-world consequences — whether mines are approved or power lines are erected. 

Per a verbal conceptual amendment added by Assemblywoman Selena Torres (D-Las Vegas), the bill would specify that a pre-decisional meeting should not have any other additional agenda items.

Hate crime definitions

The Assembly Judiciary Committee passed SB166 on Friday, a bill clarifying that a crime does not need to be committed by someone with different characteristics than the victim to be considered a hate crime.

The bill specifies that such characteristics include race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity, and provides that a perpetrator may be punished with an additional penalty if the person commits a crime based solely on the characteristic of the victim.

An amendment from public defenders in Washoe County and Clark County was added to the bill to clarify that the actual or perceived characteristic of the victim must be the primary cause of the crime. Assemblyman Steve Yeager (D-Las Vegas), the chair of the committee, also noted that the language in the amendment would be cleaned up by legal counsel before the measure reaches the Assembly floor.

Lawsuits over sexual exploitation

Members of the Assembly Judiciary Committee also voted out SB203 with an amendment from the bill’s sponsor Sen. Marilyn Dondero Loop (D-Las Vegas) and the Nevada Justice Association. The bill allows a victim of sexual abuse, exploitation or pornography involving minors to commence a civil action to recover damages at any time after the violation occurred.

The amended version of the bill maintains the existing 20-year statute of limitations to commence an action after a victim reaches 18 years of age, though a previous version of the bill completely removed the statute of limitations for victims of child sexual exploitation to bring lawsuits against the parties involved.

The bill also specifies that people are liable for damages if they financially benefit from the exploitation, although a hotel or motel with more than 200 rooms is not considered to have benefited from the rental of a room used in the commission of exploitation.

Limits on police use of force

A sweeping police reform bill, SB212, putting additional limits on police use of force, use of restraint chairs and police dispersal techniques during protests passed out of the Assembly Judiciary Committee on Friday, largely along party lines with Republicans in opposition.

The bill would require police officers to use de-escalation techniques and other alternatives before resorting to higher levels of force to arrest an individual and require police agencies to adopt use of force policies.

The bill limits use of the restraint chair to no more than two hours unless authorized by a supervising officer and would ban its use for a person who is pregnant.

The measure also aims to put limits on police activities during protests or demonstrations, prohibiting officers from firing nonlethal rounds “indiscriminately” into a crowd or targeting a person’s head, pelvis or other vital areas.

A wide-ranging amendment from the bill’s sponsor, Sen. Dallas Harris (D-Las Vegas), was also passed with the bill. The amendment prohibits an officer from using deadly force against people posing a danger to themselves, if they are not also posing an imminent threat to the officer or others.

The amendment additionally provides that if there is an immediate threat of harm or death at a protest or demonstration, then officers are not required to give an order to disperse.

Savings accounts for low-income Nevadans

Assembly members in the Health and Human Services Committee passed SB188, which could grant some low-income Nevadans the opportunity to create a savings account and receive matching funds from a bank of up to five times the amount of their deposits.

The bill creates the “Individual Development Account Program,” if sufficient funds are obtained, and would allow people living in low-income housing projects, who have enrolled in Medicaid or who are in the foster care system, to be eligible to set up an account.

The measure calls for the state treasurer to work with a fiduciary organization that would accept grants and donations, then use them to match funds deposited by account holders, with up to $3,000 per beneficiary per year. The state would also be required to provide financial literacy training to account holders.

An amendment passed with the bill would allow a relative or fictive kin of a minor placed in his or her care by an agency which provides child welfare services to set up a savings account for the child, that could be accessed when the minor reaches 18 years of age.

THURSDAY & WEDNESDAY

Tenants rights bill

Sen. Julia Ratti (D-Sparks) has acknowledged that her tenants’ rights bill SB218 is dead. Assemblywoman Sandra Jauregui (D-Las Vegas), who chairs the Assembly Commerce and Labor Committee, told the Nevada Current that she would not give the bill a hearing by the deadline.

The bill would have enshrined a grace period of at least three days before a landlord could assess late fees for rent, required landlords to return a security deposit within 28 days rather than 30, specified that a landlord could only charge an application fee to one prospective tenant at a time and clarified that landlords cannot dock a person’s security deposit for normal wear and tear.

During a short interview with The Nevada Independent on Friday, Jauregui said that the bill did not receive a hearing because there was not enough time to work with all stakeholders.

“There was a ton of opposition and I obviously didn’t have time to work through it,” Jauregui said. “Sometimes these discussions are lengthy and they involve a ton of stakeholders, and we have to make sure that we’re giving everyone the opportunity to weigh in on them.

The bill had drawn significant opposition from real estate agents who, along with developers and PACs funded by real estate companies and other development industries, contributed more than $1.3 million to lawmaker campaigns — the most money any single industry donated to state legislators.

“We are losing, I think, the biggest tenant’s rights bill of the session thus far,” Bailey Bortolin of the Nevada Coalition of Legal Service Providers said during a forum hosted by Battle Born Progress.

Bortolin said she was told there was too much opposition to the bill, but added that “I don't think it would have been worthwhile to pursue a bill that didn't have any opposition.”

Ratti said in a brief interview on Thursday that she couldn’t speak to why the bill was set aside, but “I think it's good policy and I stand by the bill.”

Ratti added that the most important thing in the works this session is yet-to-be-introduced legislation that would provide a “glide path” that averts a wave of evictions once moratoriums lift this summer. 

Bortolin said she does expect another tenant rights bill — AB141 from Assemblyman Howard Watts (D-Las Vegas) — will come up for a committee vote on Friday and clear the deadline. That bill automatically seals the records of people who were subject to a summary eviction during the pandemic.

It will not cover tenants whose landlords sought other routes to evict them during the pandemic, such as for a lease violation, but would cover people who were unaware of how to defend themselves during the moratoriums and were subject to a rapid summary eviction, Bortolin said.

Banning decorative grass

An estimated 12 billion gallons of Colorado River water could be saved each year under AB356, which passed unanimously on Thursday out of the Senate Natural Resources Committee.

The bill, pushed by the Southern Nevada Water Authority (SNWA), aims to phase out decorative grass in non-residential developments in Southern Nevada over the next five years.

An amendment attached to the bill clarifies that the waters in the Colorado River distributed by the SNWA or its member agencies may not be used to irrigate grass on any property that is not zoned exclusively for single family residences. The amendment also expands membership of a grass removal advisory committee from seven to nine members, adding a second Homeowner’s Association representative and a golf course representative.

“This is an opportunity for the Nevada Legislature to take action on one of the largest and boldest water conservation initiatives, ever," Assemblyman Howard Watts (D-Las Vegas) said when he presented the bill to the committee on Monday. “It is one that our community in Southern Nevada is going to depend on in order to sustain itself moving forward."

Pot for pets

Veterinarians could soon be allowed to prescribe hemp or CBD products to an animal under a measure passed by the Senate Natural Resources Committee on Thursday.

Sponsored by Assembly Steve Yeager (D-Las Vegas), AB101 would give veterinarians the ability to administer hemp or CBD products containing no more than 0.3 percent of the psychoactive compound THC to an animal, or recommend those products to a pet owner.

Supporters of the bill say that it could help veterinarians treat conditions such as anxiety, pain, cancer and arthritis and would stop the Nevada Board of Veterinary Medical Examiners from disciplining licensed veterinarians or facilities solely for administration or recommendation of a hemp or CBD product.

Incentives for affordable housing developments

Members of the Assembly Committee on Revenue on Thursday unanimously approved a measure designed to support Nevada’s affordable housing market.

SB284, sponsored by Sen. Julia Ratti (D-Sparks), would remove an expiration date on the state’s Low Income Housing Tax Credit Program — established during the 2019 session as a pilot program allocating $10 million in tax credits for affordable housing development annually over a period of four years.

The program was one of the state’s most high-profile efforts to address the affordable housing crisis in 2019, but the pandemic slowed down its rollout, and Ratti said eliminating expiration dates on the program would give it more time to grow.

Multi-parent adoption

Democrat Assemblywoman Rochelle Nguyen’s AB115 — allowing multiple parents to adopt a child — passed out of the Senate Judiciary Committee on a party-line vote, with Republicans in opposition.

The bill authorizes a court to determine that more than two people may have a parent relationship with a child. It would also recognize the parental rights of stepparents and same-sex parents and would allow for children who are born to surrogate parents or who have divorced parents to have more than two names listed on a birth certificate.

Cathy Sakimura, deputy director of the National Center for Lesbian Rights, said the bill is vital for children's well-being and would ensure diverse and multi-parent families are "protected and given the same dignity and respect as other families."

Sen. Keith Pickard (R-Henderson) said he opposed the bill because of an amendment specifying that each prospective parent may petition the court for the adoption of a child as an individual petitioner.

“The inclusion of language and the amendment of a joint petitioner without creating a mechanism whereby joint petition is authorized, I think, is going to be particularly problematic for the courts,” he said.

Giving teeth to a DMV pilot program 

A measure making changes to a DMV pilot program gathering data on annual vehicle miles traveled passed out of an Assembly Growth and Infrastructure Committee meeting on Thursday with four Republicans in opposition.

The bill, SB371, removes recreational vehicles from the list of vehicles for which odometer readings must be submitted to the DMV, prohibits the DMV from disclosing information provided under the pilot program to an insurer and authorizes the DMV to fine participants for not reporting miles traveled. It previously passed unanimously out of the Senate.

In response to objections from Republican committee members, supporters said that the fines would be the lightest way to ensure that the program generates a robust data set that offers insight into driving patterns in the state.

“As long as people follow the rules, they don't have to pay the fine,” Assemblywoman and Committee Chair Daniele Monroe-Moreno (D-North Las Vegas) said.

Rate caps for inmates

Assembly Growth and Infrastructure Committee members also passed SB387, a bill that would require the state Public Utilities Commission (PUC) to regulate and set rate caps on businesses that provide calling services for inmates.

The bill, which passed unanimously out of committee, would authorize the PUC to establish rate caps and charge limits on inmate calling services — requiring any competitive supplier of inmate calling services to file their rates with the commission, and publish their rates, terms and conditions on their website.

Tribal government representation

Members of the Senate Legislative Operations and Elections committee also voted out AB95 on Thursday, granting approval to the bill that would add a tribal government representative to the  Legislative Committee on Public Lands.

Proposed constitutional changes advance

Members of the Senate Legislative Operations and Elections Committee advanced two proposed amendments aimed at cleaning up outdated language in the state Constitution.

Committee members unanimously advanced AJR1, a proposal from Assembly Minority Leader Robin Titus (R-Wellington) that would modernize language currently referring to institutions for the “Insane, Blind and Deaf and Dumb” with “persons with significant mental illness, persons who are blind or visually impaired, persons who are deaf or hard of hearing and persons with intellectual disabilities or developmental disabilities.”

The committee also approved AJR10, a proposed change by Assemblyman Howard Watts (D-Las Vegas) removing language allowing slavery or involuntary servitude as a criminal punishment.

If approved by the full Senate, both resolutions would advance to the 2023 legislative session. If lawmakers two years from now approve the resolutions again, they will head to the 2024 ballot.

Limiting no-knock warrants

Following calls across the country spurred by the death of Breonna Taylor to ban no-knock warrants, lawmakers are continuing to push forward a bill to restrict that practice in Nevada.

The latest push came Wednesday as members of the Assembly Judiciary Committee voted unanimously to advance SB50, a bill introduced on behalf of the attorney general that would prohibit the issuance of no-knock warrants unless a sworn affidavit demonstrates that the underlying crime is a felony that could pose a significant and imminent threat to public safety or the warrant is necessary to prevent significant harm to the officer or another person. The bill previously passed unanimously out of the Senate.

Though progressive advocacy groups have pushed for a complete ban of no-knock warrants, it has attracted support from police groups after amendments were added to the bill.

Curbside pickup for marijuana

Members of the Assembly Judiciary Committee also voted out SB168 on Wednesday, with no votes from the four Republican legislators on the committee.

The bill authorizes dispensaries to engage in curbside pickup under regulations from the state Cannabis Compliance Board, such as setting designated parking spots for pickup. Curbside pickup for marijuana sales had previously been authorized by Gov. Steve Sisolak in 2020 as an emergency measure during the COVID-19 pandemic.

The bill also makes some changes to the packaging of cannabis products, including a requirement to label all products with the phrase “keep out of reach of children” and a provision giving the compliance board the authority to regulate the packaging and labeling of products.

Tobacco and vapor products

Members of the Senate Revenue and Economic Development Committee approved AB360 on Thursday. It would require any seller of tobacco or vapor products “utilize age-verification technology at the point of sale” to ensure that any buyers who appear under the age of 40 are at least 18 years old. Violators of that procedure would be liable for a $100 civil penalty for each offense.

Another tobacco-related bill, AB59, passed out of the Senate Judiciary Committee on Wednesday. It would ensure state compliance with a federal law that raised the minimum age for buying tobacco products from 18 to 21 in December 2019. The state has three years from the passage of that legislation to conform its minimum age law, before facing possible financial penalties.

Updated at 3:23 p.m. on Friday, May 14 to include details of bills that passed out of committee on Friday. Updated again at 8:43 p.m. to add additional details of bills that passed out of committee.

Bill would expand anti-discrimination protections to digital sphere

Assemblyman Howard Watts wearing a great sport coat and green tie while wearing an animal print face mask

In the 1960s and ‘70s, equal rights protesters fought for public accommodations laws anti-discrimination statutes that now protect individuals from discrimination based on race, color, religion, national origin, disability, sexual orientation, sex, gender identity or gender expression in public spaces, including most businesses.

But in Nevada and many other states, those protections do not explicitly extend to the digital realm. During a Senate Commerce and Labor Committee meeting on Monday, Assemblyman Howard Watts (D-Las Vegas) said he is looking to change that with AB207, a bill clarifying that Nevada's public accommodations law also applies to e-commerce. 

"AB207 aims to cross the digital divide and level the playing field so that all businesses operating in this state are open to all Nevadans," Watts said during the hearing.

The bill expands the definition of "place of public accommodation" to include any online business that offers goods or services to the general public in Nevada through an electronic medium or website, and is not operated from a physical establishment in the state. It specifies that the provisions do not apply to a private online discussion forum or any other online establishment not open to the public. The bill passed out of the Assembly on a party-line 26-16 vote on April 20.

David Brody, an attorney and head of the Digital Justice Initiative at the Lawyers Committee for Civil Rights Under the Law, co-presented the bill along with Watts. Brody said that public accommodations laws were a vital mechanism to end Jim Crow segregation and typically prohibit businesses from denying services, charging higher prices, or harassing individuals based on specific personal characteristics.

"Today, if a business posts a sign that says whites only, it should not matter whether it's written in ink or pixels. The discrimination is the same, the harm is the same," Brody said. "Under Nevada law, the legal consequences should be the same."

Despite recent civil rights advancements, Brody said retail websites often charge different prices based on user demographics. Predatory for-profit colleges frequently target communities of color, and algorithms that set car insurance rates typically offer higher premiums for those living in neighborhoods of color than they do for those in white neighborhoods with the same risk levels, Brody said.

"AB207 seeks to amend the state's public accommodation statute to ensure that Nevadans receive the same protections against discrimination from billion-dollar websites that they do in a mom-and-pop corner store," Brody said.

But Sen. Keith Pickard (R-Henderson) said Nevada already has laws that expressly prohibit discrimination in all forms. He worried that the bill would open businesses to lawsuits related to Americans with Disabilities Act (ADA) compliance for a font that was too small or colors that do not accommodate colorblind individuals.

"This bill is going to be a trial lawyer’s dream," Pickard said. "I'm thinking, man, if I were still in injury law, I could sue nearly every internet site that I encounter."

Watts responded that an amendment on the bill clarifies that it will not place additional requirements on business owners already operating a brick-and-mortar business in the state. He added that the ADA is a federal law, and no state action will make a difference in how that law may be applied to website accessibility.

As for what gap the law addresses, Watts said existing law is silent on activities in the digital sphere, and without the legislation, court cases and trials would have to set a precedent.

"We're just making sure that, again, that online business that operates 100 percent online in offering their services is held to the same standards as a brick-and-mortar brick business offering the same goods or services," Watts said.

If the law passes, Nevada will join five other states that explicitly apply public accommodations laws to the internet, including California, Colorado, Oregon and New Mexico.

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.