Nevada Indian Country celebrates wins at the Legislature, including greater access to higher education for students

Tribal leaders and advocates are eyeing their communities’ futures with more hope after priority bills for Native leaders made it across the legislative finish line last week. 

“I say unequivocally there’s never been a better time to be Indigenous and live in the state of Nevada,” said Stacey Montooth, executive director of the Nevada Indian Commission, during an event last week at the Stewart Indian School in Carson City, where Gov. Steve Sisolak signed three bills affecting Nevada tribes  — AB262, AB88 and AB270 — into law. 

Stacey Montooth, Executive Director of the State of Nevada Indian Commission speaks during a bill signing ceremony with the Governor at the Stewart Indian School Museum in Carson City on Friday, June 4, 2021. (David Calvert/The Nevada Independent)

The legislation prioritized by Native leaders that cleared the lawmaking session include measures that waive fees at Nevada colleges and universities for Native students; prohibit racially discriminatory language or imagery in schools; and provide environmental protection for sacred sites, among others. 

Marla McDade Williams, an enrolled member of the Te-Moak Tribe of the Western Shoshone and lobbyist for the Reno-Sparks Indian Colony, said legislation crafted with input from Native community members has been steadily increasing over the last few years in the Legislature, a trend that continued this spring.

“As long as people just continue to keep issues at the forefront, there's always going to be a legislator who is willing to bring those issues forward and see how we can craft a solution that is beneficial for the Native American community and tribes,” she said. 

Assemblyman Howard Watts (D-Las Vegas) said the inclusive legislation fosters unity amid an era of reckoning with historical injustices. 

“This is, I think, a groundbreaking legislative session for advancing the rights and issues of Indigenous people and fostering inclusion among all of us, because while we come from many different communities, we're also all one community and all Nevadans,” he said during the bill-signing event. 

Governor Steve Sisolak during a ceremony at the Stewart Indian School Museum in Carson City after signing bills AB88, 262 and 270 on Friday, June 4, 2021. (David Calvert/The Nevada Independent)

Here’s a look at the bills that passed during the session, all of which have also been signed into law by Sisolak, that affect Nevada tribes:

AB262: Fee waiver for Native students 

One of the top priorities this session for Native leaders and advocates, AB262 waives registration, laboratory and other mandatory fees at Nevada System of Higher Education institutions for Native people who are members of federally recognized tribes in Nevada or descendants of enrolled tribal members. With in-state tuition, waiving fees at universities and colleges significantly reduces the financial burden to attend school for students.

The law goes into effect on July 1. 

At the signing event, Montooth said the measure “exponentially broadens” the futures of 70,000 Native Americans in the state. 

“I use that large number, not to scare NSHE (Nevada System of Higher Education), but because in Indian Country, when one of us earns a degree, our entire family earns a degree,” she said. 

Tribal leaders, such as Reno-Sparks Indian Colony Chairman Arlan Melendez, who advocated for the bill during the session said the increased access to education will help lift tribes and their community members out of disproportionate poverty rates. 

Assemblywoman Natha Anderson (D-Reno), who sponsored the bill, told The Nevada Independent that her hope is that it will ultimately benefit those who live on tribal lands. 

“The goal is really for students to be able to attend school and then come back hopefully to the community so that way we can get Native American doctors on the Native lands, we can get an attorney on Native American land — those things make a difference,” she said. 

Assemblywoman Natha Anderson attends a bill signing with Governor Steve Sisolak for AB88, 262 and 270 during a ceremony at the Stewart Indian School Museum in Carson City on Friday, June 4, 2021. (David Calvert/The Nevada Independent)

Cheryl Simmons, an enrolled member of the Washoe Tribe, said she’s excited for the measure to be implemented in time for her classes to start in the fall. As a single mother of two children who is also helping raise her grandchild, she said the fees pose a barrier to people such as herself who want to work toward an associates or bachelor’s degree. 

“I’d like to see that change in our school system because it’s penalizing [students] to learn more,” she said, adding that she’s working toward her fifth associates degree in criminal justice at Western Nevada College. She has other degrees in general studies, art and business management. 

Besides being an enrolled Nevada tribal member or descendant of one, students also must be eligible for enrollment in a university or college, be a Nevada resident for a year or more, maintain a 2.0 grade point average and fill out a Free Application for Federal Student Aid (FAFSA) form to be eligible for the fee waiver. 

The bill also requires the Board of Regents to submit a report to the Legislative Counsel Bureau regarding the number of students eligible and the total funding available for the waived fees by Sept. 1, 2022, in order to provide accurate data for future legislative bodies.

The original version of the bill included providing in-state tuition at colleges and universities for members of tribes outside of Nevada, which was amended out of the final version. 

In a fiscal note, the Nevada System of Higher Education stated it could not determine the financial impact of the bill as it depends on how many students will take the opportunity to use it. 

The Assembly approved the bill nearly unanimously, with Assemblyman John Ellison (R-Elko) as the lone lawmaker who voted against it, and the Senate unanimously approved it on the final day of the session. 

AB88: Bans offensive, racially discriminatory imagery in Nevada schools 

Sponsored by Watts, the measure bans offensive or racially discriminatory language and imagery, names, logos or mascots in Nevada schools. 

The legislation came about during a time of reckoning across the country, with Native people calling for sports teams, businesses and schools to remove offensive names. Earlier this year, UNLV retired its Hey Reb! mascot after taking its statue down last June in response to a history tied to confederate symbolism and, last year, the Squaw Valley Ski Resort announced it would drop “squaw” from its name after years of protest from the Washoe Tribe. On the national stage, the Washington professional football team announced a name change in January, dropping the “Redskins” title after 90 years. 

Assemblyman Howard Watts attends a bill signing with Governor Steve Sisolak for AB88, 262 and 270 during a ceremony at the Stewart Indian School Museum in Carson City on Friday, June 4, 2021. (David Calvert/The Nevada Independent)

Watts said the goal of the measure is to continue promoting awareness about the injustices of the past in order to move forward. 

“That's really what Assembly Bill 88 tries to do is help educate people about some of the racially discriminatory aspects of our history, from our school mascots, to the names that we've given to places, places that were named first by Indigenous peoples, and then renamed when settlers arrived, and also addressing the issue of sundowner sirens,” he said during the bill-signing 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.”

Nevada schools may still use language, imagery or mascots in connection with tribes as long as they have consent from local tribal leaders to do so. For example, the Elko band of the Te-Moak Tribe allowed the Elko High School Indians mascot to remain the same. 

Signs and flags of the Elko Indians at the Elko High School in Elko, Nevada. (Famartin / Creative Commons)

The bill also 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, known as a “sundown ordinance.” The bill specifically applies to Minden in Douglas County, which repealed the sundown ordinance in 1974 but continues to sound the siren at 6 p.m. each day. Tribal leaders have asked for years that the siren be removed, or at least changed to a different hour of the day.

Serrell Smokey, chairman of the Washoe Tribe of Nevada and California, said the measure gives the tribe a better “foothold” in its fight against the siren, which is triggering for some tribal elders who lived through the era of sundown ordinances. 

“We’ve seen this even in some elders nowadays, if you ask them about the siren, they'll say, ‘Don't mess with that, don't talk about it,’” Smokey said. “That's historical trauma. They're still scared about it and they don't want to address it. Us younger generations have more fight in us and we know we need to capitalize on taking action with social injustices that have been going on throughout the world.” 

The bill also asks that the State Board on Geographic Names recommend name changes for geographic features of places in the state that have racially discriminatory language or imagery. The board includes two Native representatives. 

The Assembly and Senate approved the bill 36-6 and 12-8, respectively, with some Republican lawmakers voting against it. Sisolak signed the bill into law during the event on June 4. 

AB270: Stewart Indian School preservation

Sponsored by Assemblyman Philip O’Neill (R-Carson City), the measure allows the museum director of the Stewart Indian School Cultural Center and Museum 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. 

The Stewart Indian School Museum in Carson City on Friday, June 4, 2021. (David Calvert/The Nevada Independent)

The bill also earmarks any funds made through the special events to be paid into the State Treasury for credit to the Nevada Indian Commission Gift Fund. Those funds must be used by the commission to maintain and preserve operations and cultural integrity of the Stewart Indian School. 

During the bill-signing event in Carson City, O’Neill said the measure will help ensure the museum can continue to educate the public on the harsh history of the boarding school. The measure also includes preservation efforts for the State Prison. 

“[The Stewart Indian School and the State Prison] are long standing in our Nevada history, both good and bad. And we need to teach that, have that available, so our future generations do not repeat. And that's the strongest part of all of our bills today is that we prepare our future generations to be better than we are,” he said. 

Assemblyman P.K. O'Neill attends a bill signing with Governor Steve Sisolak for AB88, 262 and 270 during a ceremony at the Stewart Indian School Museum in Carson City on Friday, June 4, 2021. (David Calvert/The Nevada Independent)

The Stewart Indian School was one of hundreds of federal boarding schools in the United States that housed Native children, often kidnapped from their families and forced to attend, in order to assimilate them into white culture. Their traditional long hair was cut short and their languages and spiritual practices were forbidden. It reopened last year, after receiving funding from the state, as a museum to share the story of what happened there, as told by school alumni, some of whom are still living in the state. 

The Assembly and Senate approved the bill unanimously, and Sisolak signed it into law during the event on June 4. 

AB261: Expand historical contributions of diverse groups in education 

Sponsored by Anderson, the measure requires that education curriculum used throughout the state promote greater inclusion and accurately reflect societal contributions made by various demographic groups.  

The bill requires the board of trustees of each school district and the governing body of charter schools ensure educational material includes contributions to science, arts and the humanities made by Native Americans and tribes, people of marginalized sexual orientation or gender identity, people with disabilities, people from African American, Basque, Hispanic, Asian and Pacific Islander backgrounds and more. 

The bill addresses frustrations expressed by Native leaders and educators that education generally focuses on Native people as historical figures and fails to acknowledge the historical contributions and modern day presence of Native people and tribes in Nevada. 

The Assembly and Senate approved the bill in 26-16 and 12-9 votes, respectively, with Republican lawmakers voting against it, and Sisolak signed the bill into law in May. 

AB321: Expanded voting measure becomes law 

Sponsored by Assembly Speaker Jason Frierson (D-Las Vegas), the bill sets in stone the expanded voting measures implemented last year in response to the pandemic. Native leaders and advocates have widely supported the measure as it includes extended deadlines for tribes to request polling locations and so-called “ballot harvesting,” which allows people to submit ballots for non-family members.

McDade Williams, Te-Moak tribe member and Reno-Sparks Indian Colony lobbyist, said the law improves access to voting for tribes. 

“Being able to recognize that tribal communities are isolated and figuring out ways to help them participate in the state selection process — these are all good things for tribes,” she said. 

A Native voter wears a "voting is sacred" T-shirt at a polling location for the Pyramid Lake Paiute Tribe. Photo courtesy of the Nevada Native Vote Project.

The next step: Educating Native voters about how to access the ballot in time for the midterm election season next year, she said. 

“Hopefully those initiatives can really bear some fruit over the next 12 months, getting some resources at the tribal level to start training voters on how to access the process and how to understand candidates and what to look for in candidates,” McDade Williams said. 

The bill passed along party lines in the Assembly and Senate, and Sisolak signed it into law on June 2. 

AB103: Protecting Indian burial sites in Nevada 

A follow-up to legislation approved in 2017, the bill clears up ambiguities in the law regarding excavation of Indian burial sites across Nevada. Sponsored by Assemblywoman Susie Martinez (D-Las Vegas), the measure clarifies that entities engaged in lawful activity, such as construction, mining and ranching, are exempt from obtaining permits from the State Museum so long as the activity will not affect a known burial site. 

The Assembly and Senate approved the bill unanimously and Sisolak signed it into law following the end of the session in May. 

During a hearing for the bill in March, Michon Eben, manager for the Reno-Sparks Indian Colony cultural resource program, said the current law does not protect Native items or objects found across Nevada and is something Native people would like to change in the future. 

AB171: State protection for “swamp cedars” 

The measure sponsored by the Assembly Natural Resources Committee grants state protection to Rocky Mountain juniper trees, known as “swamp cedars,” outside of Ely in Spring Valley. Native elders and tribal leaders widely supported the measure because the site where the swamp cedars are found, known as Bahsahwahbee in Shoshone, is sacred to Indigenous people. 

The Assembly approved the bill 29-13. It later passed the Senate in a 13-8 vote, with Republicans voting against it, except for Sen. Ira Hansen (R-Sparks), who crossed the aisle to approve the measure despite raising concerns about historical inaccuracies regarding massacres of Indigenous peoples cited in the bill. Sisolak signed the bill before the session ended in late May. 

AJR4: Federal protection for “swamp cedars”  

Further expanding on AB171, the resolution, also sponsored by the Assembly Natural Resources Committee, urges Congress and the Biden administration grant protections to  swamp cedars and designate the area as a national historic monument or expand the Great Basin National Park to include Spring Valley.

The Assembly approved the bill 29-13, with Republican lawmakers voting against it, and was later unanimously approved by the Senate. 

AJR3: Naming Avi Kwa Ame a national monument 

Sponsored by Assemblywoman Cecelia González (D-Las Vegas), the resolution heads to Congress to establish Spirit Mountain, known as Avi Kwa Ame in the native Mojave language, as a national monument. Avi Kwa Ame is a spiritual center for several tribes spanning across Nevada, California and Arizona, including the Fort Mojave Tribe. 

The Assembly and Senate approved the bill largely along party lines, with Republican lawmakers voting against it. 

Adding Native representatives to state groups: 

AB72: State Board on Geographic Names 

The measure adds another spot for a Native representative from the Nevada Indian Commission on the State Board on Geographic Names. The board already included a spot for a member from the Inter-Tribal Council of Nevada and includes representatives from the state Bureau of Mines and Geology, UNR, UNLV, the U.S. Forest Service and more. 

The Assembly and Senate unanimously approved the bill and Sisolak signed it into law on May 21. 

AB52: Land Use Planning Advisory Council 

Sponsored by the Assembly Natural Resources committee, the bill adds a voting member appointed by the Nevada Indian Commission to the Land Use Planning Advisory Council. The Assembly and Senate approved the bill unanimously and Sisolak signed it into law last week.

AB54: Advisory Traffic Safety Committee 

Sponsored by the Assembly Growth and Infrastructure committee, the bill creates the Advisory Traffic Safety Committee, which will be tasked with reviewing, studying and making recommendations regarding best practices for reducing traffic deaths and injuries. As part of the committee, the bill adds a member representing Nevada tribal governments recommended by the Inter-Tribal Council. 

The Assembly approved the bill 36-4 and the Senate 12-9, with Republican lawmakers voting against it. Sisolak signed the bill into law on May 21. 

AB95: Legislative Public Lands Committee 

Sponsored by the Assembly Legislative Operations and Elections committee, the bill adds a member representing Nevada tribal governments recommended by the Inter-Tribal Council and appointed by the Legislature to the Legislative Public Lands Committee. 

The Assembly and Senate approved the bill unanimously and Sisolak signed it into law on May 27. 

With new law, Las Vegas water agency bets on ‘aggressive municipal water conservation measure' to remove decorative turf, conserve Colorado River supply

The backdrop for the legislation was set hundreds of miles away from Carson City, where the Colorado River meets Lake Mead and the Hoover Dam outside of Las Vegas. 

Over the past two decades, Lake Mead, which holds nearly all of Las Vegas’ water, has dropped more than 100 feet amid drought and overuse. In response, federal regulators expect to declare the first-ever shortage for the Colorado River next year, triggering cuts to Arizona and Nevada’s allocations. 

With Lake Mead approaching critically-low levels, the Southern Nevada Water Authority recently turned to the Legislature to double-down on its existing strategy for using less water: turf removal.

Earlier this year, Las Vegas water planners asked the Legislature to pass a new law that prohibits water-intensive decorative turf within medians, along roads and in business parks. Lawmakers approved it with little opposition and Gov. Steve Sisolak signed the bill on Friday. 

Now, the water authority, which serves the Las Vegas metro area, is tasked with implementing what its general manager, John Entsminger, described as probably “the most aggressive municipal water conservation measure that's been taken in the western United States.” 

For decades, the water authority has been looking at the prolonged drought and preparing for shortages. Officials with the agency stress that they are able to weather the expected cuts because Las Vegas is already consuming less water than it is entitled to use.

But they are also looking to a future where the population of Las Vegas continues to grow — Nevada is one of the fastest-growing states — as climate change poses new challenges for managing an overused river system shared by about 40 million people across the Southwest. 

The legislation, AB356, aims to reduce per capita water use by prohibiting Colorado River water from being used to irrigate ornamental turf not used for a single-family home after 2026. Ornamental, or nonfunctional, turf typically refers to grass that is installed for decorative purposes and is rarely walked on or used.

Entsminger, in a recent interview, said the prohibition would result in significant water savings. The removal of an estimated 3,900 acres of decorative turf could save roughly 9.3 billion gallons of water annually — about 10 percent of the state’s entire Colorado River allotment.

“Being able to save 10 percent of our total water supplies, without really impacting any quality of life, is really a tremendous achievement and a benefit for the overall community,” he said.

In Carson City and elsewhere, politics around water are often fractious. State-backed proposals to change water law died early into the legislative session. But the water authority’s plan earned broad buy-in from rural and urban lawmakers, industry groups and environmental groups, even some of the same people who have criticized the agency’s legislative maneuvering in the past. 

“It’s an old trope in Nevada politics that your enemy one day is your friend the next day,” said Kyle Roerink, executive director of Great Basin Water Network, a coalition of water users who supported the effort. “That doesn’t foreclose on the fact that we could be at odds again down the road as it relates to water policy. In this specific case, I was thrilled to work with them.”

Ornamental grass in The Lakes on Monday, June 1, 2021. (Jeff Scheid/The Nevada Independent)

Addressing decorative turf

The water authority serves more than 2 million residents and the millions of tourists who come to Las Vegas each year. To understand where the decorative turf is and how much water it uses, the agency uses aerial imaging that reveals where water is evaporating.

“And then we use that data to make estimates of how much [ornamental turf] we think is in each sector,” said Colby Pellegrino, deputy general manager of resources for the water authority. 

The agency estimates, for instance, that about 1,500 acres of decorative turf exists within the footprint of multi-family residences, a category that includes apartment buildings. About 1,000 acres of the turf exist at commercial and industrial properties. 

In an arid climate like Las Vegas, one that is only predicted to become warmer as the climate continues to change, the amount of water consumed to irrigate grass can add up quickly. 

A square-foot of grass needs about 73 gallons of water each year to survive. The legislation would require the removal of about 3,900 acres of decorative turf (the final version of the bill exempts single-family residences). Assuming all of the grass is converted to desert landscaping, which uses about 18 gallons each year, the bill would save about 9.3 billion gallons of water.

For years, the water authority has offered cash incentives to residents and businesses looking to convert turf to desert-friendly landscaping. But in an era of cutting back, the program has run into its limits, as Entsminger noted at a water authority board meeting earlier this year.

The agency has met resistance from homeowners associations who see decorative turf as an appealing feature, Entsminger said. At the board meeting, the agency presented one response from the Altura community within Summerlin: “...our community chose Altura for the beautiful green entrance. As we are well aware there is not much of it unless you live on a golf course. With that said, Altura is declining to move forward with the proposed turf replacement.” 

The water authority also encounters other types of challenges in removing decorative turf. Apartment buildings and commercial properties sometimes have a diffuse ownership structure — governed by layers of LLCs — or out-of-state owners who are accustomed to grass-centric landscaping.

Water authority officials say those ownership dynamics can make it challenging for the agency to contact a property owner about decorative turf. In other cases, out-of-state property owners, unfamiliar with the arid climate of the Southwest, might not understand the severity of the issue. 

In all, turf removal has declined since the 2000s and stayed below the water authority’s goal of converting at least 150 acres per year, even after the agency increased the rebates in 2018.

“The era where just carrots are going to get [us to] where we need to get is coming to the end,” Entsminger said during the March board meeting. “We’re going to have to use some sticks.” 

The water authority board, comprising local elected officials, agreed. In addition to the issues around turf removal, Entsminger raised another argument for acting: consumptive use — the total amount of water used by Las Vegas and not recycled in Lake Mead — ticked up in 2020. 

“We’re probably going to have to make some harder decisions this year to right the curve,” said Marilyn Kirkpatrick, who chairs the agency’s board and the Clark County Commission. 

An example of a vegetation classification analysis, which allows the Southern Nevada Water Authority to spot water use. Yellow polygons with markings are used to locate grass. Yellow polygons with no markings are used to show trees. Purple polygons show pools, and blue polygons display pool covers. (Provided courtesy of the Southern Nevada Water Authority)

Flipping the script in Carson City

Before Assemblyman Howard Watts III (D-Las Vegas) was elected to the Legislature and came to chair the Assembly Committee on Natural Resources, he worked with the Great Basin Water Network. The advocacy group is best known for fighting against the Las Vegas water authority’s decades-long effort to pump rural groundwater from rural eastern Nevada to urban Las Vegas. 

Now, as chairman of the legislative committee, the roles were reversed. Watts actively helped the water authority get its legislation to the governor’s desk. During an interview in his Carson City office last month, Watts described the new law as “hugely significant in a couple of ways.”

Watts said he viewed the turf removal legislation as “the next step in a paradigm shift for the Southern Nevada Water Authority", one where more emphasis is placed on conservation of its existing Colorado River supplies, rather than importing new supplies.

“I worked for a long time to try and get the authority to move away from the pipeline project in eastern Nevada, which they’ve done,” Watts said. “As a result, they know that the Colorado River is their primary source of water for the foreseeable future — and we need to do more to protect and enhance that source.” 

When the legislative session began in February, none of the proposed bills addressed Colorado River conservation — at least directly.

But one bill, AB356, proposed by the Nevada Department of Conservation and Natural Resources, looked at water issues more broadly. The bill, as it was originally proposed, aimed to create a conservation credit system for managing water rights. At the same time, there were rumblings that the water authority wanted its own conservation bill.

The market-based approach in AB356, along with companion legislation (AB354) to establish water banks, was received with skepticism from conservationists, ranchers and farmers. They were concerned the state’s proposal was not fully vetted and could lead to speculative behavior.

In that opposition, the water authority saw an opening. 

In April, a few weeks after the agency’s board meeting, water authority lobbyist Andy Belanger proposed an amendment to AB356 that replaced the original bill with the turf removal program. 

At the meeting where the water authority introduced the idea, a group of key players came out to back the amendment: The Vegas Chamber, the Southern Nevada Homebuilders Association and local governments. Environmental advocates quickly backed the plan, too. The Center for Biological Diversity, a conservation group, released a supportive statement that same day.

With Watts’ help, AB356 was amended to become the water authority’s bill. It eventually passed unanimously in the Senate. It then passed on a largely party-line 30 to 12 vote in the Assembly, with four Republicans voting in favor. On Friday, Sisolak signed the bill into law.

“It's incumbent upon us, for the next generation, to be more conscious of our conservation and natural resources, water being particularly important,” Sisolak told reporters last week. 

Sen. Pete Goicoechea (R-Eureka), well-known in the Legislature for having vast knowledge of Nevada water law and being a critic of the water authority’s pipeline project, voted in favor of the bill.

In an interview, he said the numbers the water authority presented spoke for themselves. They showed significant savings.

Goicoechea initially raised concerns that removing that much grass from the valley could increase surface temperatures, but he said he was assured by the water authority’s plans to offset those impacts with the planting of new trees on drip irrigation.

“It clearly is an area that has to be addressed,” he said, referring to nonfunctional turf. 

Assemblyman Howard Watts inside the Legislature on Tuesday, March 9, 2021 in Carson City. (David Calvert/The Nevada Independent)

Setting the stage for a drier future

Now the challenge is implementing the turf removal program.

The legislation leaves much of that up to the water authority’s board of local elected officials. But it also calls for the creation of a Nonfunctional Turf Removal Advisory Committee. Most importantly, it sets a target date about five years from now — Dec. 31, 2026 — for the removal of most of the 3,900 acres of grass.

That year is also important for the Colorado River.

Existing rules for how to manage Lake Mead and the Colorado River expire in 2026. Leaders from the seven states that use the river, Colorado River tribes, environmental groups, agricultural interests and developers are gearing up for negotiations over how water from the river is managed as climate change increases the risk of shortages. 

In a recent interview, Entsminger said the situation is serious, but that the agency is preparing for cuts by lowering demand. The turf removal legislation is one of several programs. He said  removing the 3,900 acres of turf would nearly offset the deepest cuts the water authority agreed to under the Drought Contingency Plan, an agreement that spells out tiered cuts during drought.

“When people see the headlines about the hydrology on the Colorado River, when they read about these looming shortages, I think they need to know that that is serious,” he said. “That is not hyperbole. But we as a community have the tools at our disposal to meet that challenge.”

For developers and environmental groups, there is also another side of an equation: Growth. Eyeing population growth, Clark County is actively looking to increase the Las Vegas footprint.

Conserved water can also serve as a new water supply. Roerink, who leads the Great Basin Water Network, said it was not lost on him that the business community, including homebuilders and the Vegas Chamber, came out in strong support of the legislation to remove decorative turf. But he warned about the rush to put conserved water back into use for homes or new developments. 

“That would be a tragic mistake,” he said. 

Watts acknowledged the concern. Several big-picture trends that are driving growth in Las Vegas and across the Southwest, he noted, and it’s important for policymakers to be prepared. It would be imprudent, he said, to allow growth and do nothing to conserve water. 

“I'll leave it to other people to debate the bigger-picture questions around how and how much we should grow,” Watts said. “But [the bill is] about addressing issues with the resource.”

Watts said his hope is that removing decorative turf could serve “as a model for the southwest and for other Colorado River-dependent communities.” 

A view of Hoover Dam in the daytime
A view of Hoover Dam is seen from the Mike O'Callaghan-Pat Tillman Memorial Bridge on Wednesday, Aug. 28, 2018. (Jeff Scheid/The Nevada Independent)

The regional significance of ripping out grass

In the West, municipal water agencies are wary of comparing their policies, sometimes for good reason. Every municipal water system is unique, even if they rely on the same water source. But many agencies have encouraged their customers to reconsider lawns.

Oftentimes, these rules apply to new development, said Peter Mayer, an expert in municipal water management who runs WaterDM, a consulting firm based in Colorado. What makes the water authority’s turf removal program significant is that it applies to existing decorative turf. 

“The startling part of this proposal is the concept of removing existing turf,” he said.

Mayer said removing ornamental turf could put Las Vegas, which already uses a small amount of Colorado River water, in a powerful position as Colorado River negotiators meet to discuss how to manage the river after 2026. Las Vegas officials can now point to the clear and aggressive measures they have taken to ensure the sustainability of the river. 

“That's a powerful position to take, especially when you've got upstream neighbors, such as Utah and Washington County, where they are proposing additional withdrawals,” he said.

For years, Utah’s Washington County, which includes St. George, has sought to permit a project that would divert Colorado River water from Lake Powell to southern Utah.

There are other less tangible benefits to removing turf. 

Jennifer Pitt, the Colorado River program director for the Audubon Society, said removing decorative turf helps remind people in the Southwest that they live in an arid climate. 

“It helps to change the local population's perception of where they live,” she said. 

Water managers, she noted, are often wary of one-size-fits-all solutions. Different water agencies have different portfolios and demands. For instance, some cities within the Colorado River Basin rely on other water supplies, not just the Colorado River.

"At the same time, I think people can learn from each other, and I'm using people on purpose, because it's both water managers and also landscaping managers and communities,” she said.

In addition to leading the water authority, Entsminger serves as the president of the Colorado River Water Users Association. He declined to say whether other cities should adopt similar turf standards, but he said “everyone on the Colorado River, in all economic sectors, is going to have to use less water.”

"I think everybody has to use less water,” Entsminger said. “And if they want to choose having turf in a traffic circle over some other sector of their economy, then that’s their decision. But our decision is to really focus on the removal of this nonfunctional turf.”

Sprinklers water turf in Las Vegas on Tuesday, March 23, 2021. (Jeff Scheid/The Nevada Independent)

Gun free zones in casinos, increasing justice court fees and licensing midwives among many casualties of legislative session

Lawmakers ended the 81st session of the Legislature on Monday night passing dozens of high-profile measures but many others, including an effort to license midwives and a bill allowing casinos to prohibit firearms, failed to advance.

Out of roughly 1,000 bills and resolutions introduced during the 120-day legislative session, more than 400 measures failed to pass through the Senate and Assembly and make it to Gov. Steve Sisolak’s desk. Many bills were left for dead at deadlines for committee or house passage, but some — including an effort to increase justice court filing fees — were in limbo until minutes before the clock struck midnight on Monday.

Other major bills that failed to advance included a measure aimed at transitioning Nevada residents away from natural gas use, several affordable housing bills and a bill that would have abolished the death penalty.

Here’s a look at some of the bills that died at the end of the session:

SB452: Prohibiting guns on casino properties

In the waning weeks of the session, Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) revived discarded portions of the session’s other major gun bill in the form of MGM Resorts-backed AB452, which aimed to grant casino resorts greater authority to ban firearms on their premises.

When Cannizzaro presented the bill, which would have required non-restricted gaming license holders (defined as more than 15 slot machines on property) to opt in to the provisions and would have prohibited individuals from bringing firearms onto casino property with certain exemptions, she described the measure as a way for lawmakers to further protect workers on the Las Vegas Strip.

Supporters said that the bill would largely mirror prohibitions on firearm possession at schools and libraries, but opponents — a broad coalition of Republicans, gun right advocates and criminal justice reform organizations — argued it would create uncertainty for gun owners and have a disparate racial impact.

The measure narrowly passed through the Senate in a 11-10 vote on Wednesday, but failed to receive a vote in the Assembly before sine die. During the joint committee hearing on the bill, many Assembly Democrats questioned its merits and expressed concerns about how the measure would affect minority communities.

“We are going to have situations where Black folks and brown folks are going to be the ones who are going to be not asked to leave, but who are going to be the ones that the police are called on,” said Assemblywoman Shondra Summers-Armstrong (D-Las Vegas) during the hearing.

AB387: Midwifery licensure board 

Nevada is the only state in the west that does not license midwives, but a proposed Board of Licensed Certified Professional Midwives nearly became a reality this session after falling just one vote short of a needed two-thirds majority late Monday evening.

During the last day of the legislative session, the Senate voted 13-8 on Democratic Assemblywoman Daniele Monroe-Moreno’s AB387, with Sens. Heidi Seevers Gansert (R-Reno) and Ben Kieckhefer (R-Reno) joining most Democrat senators in support. Sen. Mo Denis (D-Las Vegas) joined the Republican senators against the measure, ensuring the bill fell short of the needed two-thirds majority (because the bill required fees for licensure). 

The Assembly had previously passed the bill and its amendments with a 28-14 vote on May 28.  

The board would have been responsible for establishing an optional licensure process for practicing midwives and also would have set training and education requirements. 

An emotional hearing in the Assembly Committee on Commerce and Labor took place in April, in which several mothers shared their experiences with midwives and desire to have birth freedom while also having certain regulations and protections in place for all parties. 

Opposition to the measure was just as passionate, with opponents arguing that the board would overly restrict birthing options and punish midwives who may not want to be licensed or who have learned through apprenticeships rather than in a formal environment. 

SB437: Increased fees for justice court actions

An effort to double administrative fees for actions within the state’s justice courts fell two votes short of the two-thirds majority needed to pass on the last day of the session.

SB437, which would have increased the fee from $1 to $2 on the commencement of any action in a justice court for which a fee is required, in order to help fund the work of the state demographer within the Department of Taxation, passed through the Senate in mid-May on a 14-7 vote, but only after Sens. Kieckhefer and Pete Goicoechea (R-Eureka) switched from nay to yea votes.

Members of the Assembly then voted 26-16 along party lines on the measure, falling two votes short of the 28 votes needed to pass with a two-thirds majority. Republicans opposed to the bill, which was sponsored by the Senate Finance Committee, expressed confusion and concerns that it would tax the wrong people by imposing funds on litigants within the justice courts to fund the state demographer within the executive branch.

AB161: Study on summary evictions

A severely watered-down measure that would have created a legislative committee to study the state’s “summary eviction” process during the interim was left dead at the end of the session after failing to receive a vote in the Assembly.

The initial version of AB161, sponsored by Assemblywoman Selena Torres (D-Las Vegas), would have completely banned the “summary eviction” process, which involves possession of a rental unit and requires a tenant to either pay rent, vacate the property or respond to a notice through the courts within seven days. But the language in the bill was replaced with a study after lawmakers expressed concerns that there was not enough time to consider the consequences of upending the existing system in the midst of the eviction moratorium and amid staunch opposition from real estate groups.

The amended version of the bill, which received support from a slew of progressive groups, was passed out of its first committee in early April but never saw further action from lawmakers.

SB187: Limits on solitary confinement 

Sen. Pat Spearman’s (D-North Las Vegas) bill to limit the use of solitary confinement in Nevada prisons to 30 days never made it to an initial floor vote. 

SB187 also would have required regulations to limit solitary confinement to use only as a last resort. It also called for frequent mental health evaluations and giving inmates at least two hours of out-of-cell time daily, visitation and phone access.  

The Department of Corrections submitted a fiscal note stating that the measure would cost the department more than $40 million dollars for the biennium in order to modify policy at its seven major institutions and provide additional mental health support. 

“Even if they are guilty, they are still human beings, and we should treat them as such,” Spearman said of inmates during the bill’s hearing in the Senate Judiciary Committee on March 12. “If rehabilitation is the goal, then solitary confinement impinges upon that goal.” 

SB139: Prohibiting insurance companies from denying treatment for gender dysphoria

A bill that would have prohibited insurers from denying treatment for gender dysphoria – the psychological distress that results from an incongruence between sex assigned at birth and gender identity – did not survive after passing out of the first committee. 

Sen. Melanie Scheible’s (D-Las Vegas) SB139 aimed to require insurance companies, including Medicaid, to cover medically necessary treatment and surgeries for transgender Nevadans. 

The bill was meant to address instances of insurance companies denying coverage for treatment such as hormone replacement therapy and surgeries, despite existing laws and policies prohibiting the denial, exclusion or limitation of medically necessary health care services based on gender identity or expression. 

Advocates said that access to treatment should be considered medically necessary because without it, the mental health of people who have gender dysphoria suffers greatly. 

“When insurers fail to cover medically necessary care, people suffer anxiety, depression, social ostracism, and a higher risk of suicide,” transgender rights advocate Brooke Maylath said during the bill’s only hearing on March 12. “SB139 is designed to send a clear message to the greater healthcare community – discrimination is not acceptable in Nevada."

Although it received a deadline waiver, the measure did not advance after being referred to the Senate Committee on Finance on April 16. The state Public Employees' Benefits Program (PEBP) had submitted a fiscal note for $1 million for the biennium to extend the coverage for treatments. 

SB235: Additional marijuana licenses for unsuccessful applicants

A bill that became a lightning rod for marijuana industry criticism over a proposed amendment aimed at spurring the creation of scores of new dispensaries failed to make it to the legislative finish line.

The measure from Sen. Dallas Harris (D-Las Vegas), SB235, and a proposed amendment would have offered an alternative path to licensure for marijuana dispensary applicants who were unsuccessful in a 2018 licensing round. In that round, 61 dispensary licenses were issued to just 17 companies even though 127 potential businesses applied.

Those who lost out on the coveted permits pursued a massive lawsuit that ended with a judge saying there were flaws in the state’s process, but that the law did not permit her to order additional licenses as relief. An amendment to Harris’ bill that would have given unsuccessful candidates a path forward was forcefully criticized by the Nevada Dispensary Association, a statewide dispensary trade association whose representatives argued that it would threaten the strength and integrity of the industry.

Opponents also argued that the market could not support a large number of new stores without hurting existing ones; supporters countered with a competing analysis positing that the state could absorb nearly 1,300 new dispensaries.

The Cannabis Compliance Board submitted a fiscal note on the bill saying it would gain at least $610,000 over the biennium as a result of the increase in license renewal fees, and that it would cost an estimated $150,000 to complete a market study to determine demand for the issuance of additional cannabis licenses. 

The bill passed out of a Senate committee, was referred to the Senate Finance committee on April 20, and saw no further action before the end of session.

AB382: Regulating student loan servicers

A sweeping piece of student loan legislation that would have established new regulations on loan servicers in Nevada and would have granted more rights to borrowers was left for dead just a few days before the end of the session after falling one vote short of the two-thirds majority it needed to pass.

The bill was primarily aimed at enacting broad consumer protections through a borrowers’ bill of rights, as well as the licensing and regulation of servicers by the state’s Commissioner of Financial Institutions. 

Assemblywoman Jill Tolles (R-Reno) joined all Democratic Assembly members in voting in favor of the measure; however, some Republican lawmakers expressed concerns about the licensing fees that servicers would be required to pay. Student loan servicers Sallie Mae and Discover also opposed the bill, arguing that it could lead to greater costs for borrowers.

Bill sponsor Assemblyman Howard Watts (D-Las Vegas) said he adopted an amendment before putting the bill up for a vote that was aimed at addressing the concerns brought up by opponents.

“But some of the student lender interests decided to dig in on it. And unfortunately, again, all members of the minority caucus decided to side with them except for Assemblywoman Tolles,” Watts said, “in my opinion, picking those interests over borrowers that are in our state.”

SB462: Republican-backed effort to change redistricting commission

With the state set to handle the redistricting process in a likely special session sometime later this year, Senate Minority Leader James Settelmeyer (R-Minden) introduced an emergency measure, SB462, just two days before the end of the session that would have given Democrats and Republicans equal power in creating a redistricting commission.

That bill received zero action in the Democratic-controlled Legislature. Instead, members of both the Senate and Assembly adopted SCR13, sponsored by Senate Majority Leader Cannizzaro and Assembly Speaker Jason Frierson (D-Las Vegas), creating an interim reapportionment and redistricting committee composed of four Democrats and two Republicans.

Increasing awareness of mental health services

As the COVID-19 pandemic resulted in heightened mental health issues across the country, lawmakers in Nevada took steps to increase access to behavioral health care, typically through federal relief funds — but a pair of bills aimed at increasing awareness of mental health support services failed to advance out of the Legislature before the end of the session.

AB167, sponsored by Assemblyman Glen Leavitt (R-Boulder City), would have required K-12 schools and colleges to put information relating to mental health resources on student ID cards, including the phone number and text messaging option for the National Suicide Prevention Lifeline. After passing out of the Assembly on a 41-1 vote in late April, the bill did not receive a committee vote in the Senate.

AB315, which passed out of the Assembly unanimously a few days before the end of the session, would have required law enforcement agencies and fire departments to provide officers and firefighters with information about mental health awareness, prevention, mitigation and treatment, and provide two hours of mental health counseling within three months of retirement. The measure, sponsored by Assemblyman P.K. O’Neill (R-Carson City), passed out of a Senate committee on Sunday, but failed to receive a vote on the Senate floor during the final day of the session.

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.

Deadline Day: Banning ‘ghost guns,’ prohibiting cat declawing and bail reform all advance

At times with little debate, state lawmakers worked late into the night on Tuesday to pass more than 140 bills out of their house of origin prior to the Legislature’s second major bill passage deadline.

Lawmakers voted out measures including a tenant’s rights bill limiting application fees, a bill requiring eggs sold in Nevada be cage-free and a measure lowering penalties for youth caught possessing marijuana.

They also approved a contentious measure banning so-called “ghost guns,” after the bill was amended to remove sections giving businesses more rights to prohibit firearms on their property.

In total, lawmakers by Tuesday evening had approved 143 bills and resolutions, including 57 in the Senate and 86 in the Assembly. Legislators worked quickly — only one measure in the Assembly received any debate from lawmakers prior to a vote.

But Tuesday’s deadline is just one of many upcoming hurdles —  lawmakers will only have a few short weeks before the next major deadline to pass bills out of their second committee comes on May 14. 

However, a bill not passing by Tuesday doesn’t necessarily mean it has entered the legislative graveyard — dozens of bills have been granted exemptions from legislative deadlines, either because they have a fiscal effect on the state budget or because they were granted a waiver from those deadlines from legislative leadership.

That includes major election-related bills moving Nevada to an expanded mail-voting system and a measure aimed at moving the state up the presidential primary calendar — both of which were granted exemptions from legislative deadlines and moved to a budget committee on Monday.

Legislators were also busy on Monday, approving more than 40 bills including measures aimed at improving access to birth control, sealing records of evictions that happened during the COVID-19 pandemic, creating a statewide human trafficking victim support plan and shoring up the state’s battered unemployment insurance system. 

Here’s a look at major policies that passed out of floor sessions on Monday and Tuesday.

TUESDAY

Banning ‘ghost guns’

Despite a significant amendment removing language giving casino resorts and other major businesses more legal weight to prohibit firearm possession on their property, members of the Assembly still cast a party-line 26-16 vote to approve Assemblywoman Sandra Jauregui’s AB286.

The bill  — which had drawn strong opposition from pro-gun groups including the National Rifle Association — now makes it illegal for a person to possess or sell any unfinished frame or reiever of a firearm, or any fireram not imprinted with a serial number. It’s intended to cut down on so-called “ghost guns,” which gun safety advocates say are used by criminals to obtain weapons that they otherwise wouldn’t be allowed to purchase.

Those arguments didn’t fly with Assembly Republicans, including Assemblyman Jim Wheeler (R-Minden), who said the bill didn’t have any protections for current gun kit owners and would turn them into criminals overnight.

“This bill is nothing but the camel’s nose under the tent, except this time, it's up to the neck,” he said. “This bill is another bite of the apple, and that apple is your Second Amendment rights being taken away, bite by bite.”

Jauregui said removing the portion of the bill empowering businesses to ban guns on premise was not ideal, but the bill’s focus was ghost guns and it was vital to pass the bill by deadline.

“We're still committed to working with stakeholders and my colleagues, because this discussion isn't over,” Jauregui told reporters Tuesday evening. “We have a big responsibility to the thousands and thousands of employees who work on the Strip every single day. They're entitled to a safe workplace.”

The bill now heads to the Senate, but it could coincide with recently announced plans by the Biden administration to also take action to limit the proliferation of so-called “ghost guns.”

Housing protections

Along a party line vote with Republicans in opposition, the Senate passed SB254, a bill that establishes fair housing procedures and strengthens anti-discrimination laws.

Sponsored by Sen. Dina Neal (D-Las Vegas), the bill would authorize the Nevada Housing Division to investigate housing discrimination and prohibit landlords from looking at arrest records of potential tenants.

The measure also prevents landlords from denying applicants because they rely on public assistance or have a disability.

“It is time that Nevada moves into the space where we actually stand behind our words of ‘second chances for citizens’ who have either served their time or who have not been further criminalized within the system and are not currently in jail,” Neal said. “Housing is a fundamental part of our lives.”

Sen. Ben Kieckhefer (R-Reno) said that though he appreciates the intent of the legislation, the bill’s requirement that the attorney general prosecute on behalf of individuals who experience discrimination goes too far.

“It’s just inappropriate and not the right role for the attorney general in the state of Nevada," Kieckhefer said.

Tenant protections

Senators voted on party lines, with Republicans opposed, for a bill that expands tenant protections, including barring landlords from taking an application fee from more than one prospective tenant at a time. SB218 is sponsored by Sen. Julia Ratti (D-Sparks).

It also limits landlords to fees allowed by statute or that are “actual and reasonable,” requires fees be disclosed on the first page of the lease agreement and may not increase fees without 45 days advance notice for rent paid monthly.

Restorative justice before expulsion

Senators voted 16-5 to approve SB354, which prohibits schools from expelling a student without first providing them with an action plan based on restorative justice. The bill defines restorative justice as “nonpunitive intervention and support” meant to improve the student’s behavior and remedy any harm they caused.

It calls for a statewide framework of restorative justice that could include training for school staff on psychology, trauma and chronic stress. The bill also requires the state to recognize in its accountability system schools that reduce their rates of suspension and expulsion.

Five Republicans opposed the bill.

Transparency on food delivery fees

Senators unanimously approved SB320, which requires services such as DoorDash and Uber Eats to clearly disclose fees applied to food orders.

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

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

Bail reform

Members of the Senate voted 17-4 to approve SB369, which amends Nevada’s law on pretrial release by requiring that a court only impose bail or a condition of release if its found to be the “least restrictive means necessary” to protect the safety of the community and ensure the person appears in court. It changes previous law requiring defendants show “good cause” for pretrial release that was struck down by the state Supreme Court in 2019.

Republican Senate Leader James Settelmeyer (R-Minden) said he opposed removing the “good cause” requirement, saying that he was concerned it could lead to more criminals on the street. Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) said it was needed to align the state with the court’s decision and still allowed courts to impose conditions of release on someone who might prove a danger to others.

“I think that this bill strikes a balance in protecting the community and providing some additional safeguards, while at the same time recognizing the Supreme Court's decision in (the 2019) case and aligning our statutes with their constitutional findings in that case,” Cannizzaro said.

HIV laws overhaul

In a unanimous vote, members of the state Senate approved Sen. Dallas Harris’ SB275 — a comprehensive bill aimed at updating the state’s laws on human immunodeficiency virus by treating HIV in the same way as other communicable diseases.

The bill repeals a state law making it a felony for someone who has tested positive for HIV to intentionally, knowingly or willfully engage in conduct that is intended or likely to transmit the disease — putting it in line with how the state treats other diseases such as chlamydia and SARS.

Banning the declawing of cats

A measure generally prohibiting the declawing of cats, except for medically necessary purposes, passed out of the Assembly on a 28-14 vote.

Sponsored by Assemblywoman Susie Martinez (D-Las Vegas), AB209 imposes civil penalties on any person who removes or disables 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.

All Assembly Democrats, save Brittney Miller (D-Las Vegas), voted in favor of the measure, with all Republicans. save Melissa Hardy, Heidi Kasama and Jim Wheeler, voting against it.

Allowing college athletes to profit off their likeness

A measure clearing the way for collegiate athletes to profit off their image or likeness passed out of the Assembly on a 34-8 vote.

AB254, sponsored by Assembly Speaker Jason Frierson, 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 of Education to conduct an interim study on the issue.

Prohibiting ‘doxing’

Members of the Assembly voted unanimously to approve Rochelle Nguyen’s AB296, which creates the crime of ‘doxing’ — unauthorized sharing of personal identifying information, such as an address, with the intent to cause harm or mental anguish.

The bill as amended authorizes a person to bring a civil action against a person who “doxes” them, and allows a court to issue restraining orders against a person that disseminates that personal information.

Lawsuits over sexual exploitation

Senators voted 18-3 to pass SB203, a bill that removes the statute of limitations for victims of child sexual exploitation to bring lawsuits against the parties involved. Previously, such actions were limited by deadlines, including one provision requiring a lawsuit be initiated within 20 years of a victim turning 18. 

The bill 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.

The three Republicans who voted against the bill raised several concerns, including how accurately a victim would remember a very old crime and why the measure included a 200-room limit. Sponsor Marilyn Dondero Loop responded that there needed to be some sort of room limitation or there would be no bill.

Notaries charging more

AB245, a bill that would allow notaries public to charge more for document preparation services, passed in a 31-11 vote.

Assemblyman Edgar Flores (D-Las Vegas) said the bill was backed by small businesses that wanted the opportunity to make more money. It would double or triple the fees that notaries are allowed to charge for certain services, and create civil penalties for violators — a provision Flores said was meant to curb bad actors in the industry.

The industry can be open to malfeasance in part because of notaries misrepresenting themselves as authorized to process immigration documents because of the way the term “notarios” translates in Latin American countries.

Cage-free eggs

Members of the Assembly voted 27-15 to pass AB399, which requires eggs sold within the state to be housed in cage-free living arrangements by Jan. 1, 2024.

Sponsor Howard Watts (D-Las Vegas) argued during a hearing that demands for efficiency in egg production led to hens living in “pretty horrific conditions” with less square footage than a piece of letter paper. Egg industry officials who testified said consumer demand for cage-free eggs is quickly rising, and several of Nevada’s neighboring states are adopting cage-free requirements.

Assemblyman Glen Leavitt (R-Boulder City) was the lone Republican to support the measure.

Citations, rather than arrests, for minor crimes

Assembly members voted on party lines, with Republicans opposed, for AB440 — a bill that directs police to issue citations in lieu of arresting people over misdemeanors in more situations. The measure does make exceptions for when the matter is a “subsequent” offense, defined as something for which the person has been previously arrested, convicted or cited. 

Multi-parent adoption

A measure allowing multiple parents to adopt a child without removing a parent from a child’s birth certificate passed out of the Assembly on a 34-8 vote.

AB115, sponsored by Rochelle Nguyen (D-Las Vegas), would 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.

Small business advocate

On a 31-11 vote, members of the Assembly advanced a bill that would create an Office of Small Business Advocacy under the purview of the state lieutenant governor.

The bill, AB184, was amended to put a 2023 expiration date on the office and prohibits the lieutenant governor from funding positions in the office from budgeted dollars from the state’s general fund.

MONDAY

Sealing eviction records during COVID

Assembly members cast a party-line 26-16 vote to approve AB141, a bill from Assemblyman Howard Watts (D-Las Vegas) that would require courts to automatically seal eviction case court records for any summary eviction conducted during the COVID-19 pandemic.

The original version of the bill would have also required landlords to give certain long-term tenants additional advance notice before proceeding with a no-cause eviction, but those provisions were removed in an amendment.

Unemployment bill

Senators voted 12-9 to advance SB75, a measure that makes technical changes to the regular unemployment system, such as allowing more flexibility on when claimants are eligible for benefit extensions and assuring that layoffs during the height of the pandemic recession do not count against employers in determining their unemployment tax rate.

Republicans, who want more ambitious changes such as fast-tracking a major overhaul of computer infrastructure and the merging of the regular system with the Pandemic Unemployment Assistance program for gig workers and the self-employed, said the bill does not go far enough.

“It's the only bill that DETR brought, and yet it fails to address the bulk of the problems including the structural and technological deficits that have kept thousands of people from getting the benefits they paid for,” said Sen. Keith Pickard (R-Henderson). “I'm amazed that anyone thinks that this is enough.”

Pickard also spoke out against lawmakers’ decision to extend unemployment benefits to school support professionals who work from nine to eleven months a year. Those workers typically aren’t eligible for benefits because they have a reasonable expectation of their job returning after the summertime, although union representatives say a tough economic climate has hurt their summer job prospects.

But those workers will be eligible for unemployment this summer under emergency regulations adopted last week. Republicans say that even with federal funds footing 75 percent of the bill, it could cost districts millions of dollars.

“They were hired for nine months of work. This is a giveaway that I cannot support,” Pickard said.

Lowering barriers to contraception

Members of the Senate unanimously voted to approve SB190, 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

Cannizzaro introduced similar legislation in 2019, but that bill never made it out of its final committee hearing. 

“Removing access barriers to birth control will lead to better health outcomes for Nevadans who need it,” Cannizzaro tweeted after the bill was voted out of the Senate. “I’m excited to move this bill on to the Assembly!”

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

Keeping wage history private

Senators vote 17-4 to pass SB293, which prohibits an employer from seeking out a job candidate’s wage or salary history, or basing pay on a previous salary.

Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) said the measure would help tackle the gender pay gap, ensuring that if a woman’s pay was lower than her male counterparts in her last job, it would not follow her to her next job and perpetuate a disparity.

She said the measure directs employers to base pay on a worker’s experience and qualifications instead of a previous pay scale.

Four Republican senators opposed the bill.

‘Pattern and practice’ investigations of police agencies

Members of the Assembly voted unanimously to approve AB58, a bill sponsored by the attorney general’s office that authorizes the agency to conduct so-called “pattern and practice” investigations into systemic abuse or discrimination committed by law enforcement. 

During a hearing on the bill last month, Attorney General Aaron Ford said the measure was necessary because the federal U.S. Department of Justice — which was given authority to conduct such investigations in 1994 — ceased conducting them in 2017 under former U.S. Attorney General Jeff Sessions. 

Though the policy may change, Ford said it is important for the state to have the ability to undertake similar investigations.

Jury trials for misdemeanor domestic violence cases

Members of the Assembly voted 32-10 to approve AB42, a bill seeking to implement a Nevada Supreme Court decision requiring jury trials in misdemeanor domestic violence cases that involve the defendant losing the right to have a firearm. 

The bill, which was sponsored by the City of Henderson, attempts to square a simmering implementation issue that arose for local governments after the Nevada Supreme Court’s 2019 decision requiring jury trials for misdemeanor domestic violence cases.

Six Republican Assembly members — Annie Black, Melissa Hardy, Heidi Kasama, Lisa Krasner, Tom Roberts and Jill Tolles —  joined Democrats in supporting the bill.

Mining oversight

Members of the Assembly voted along party lines (26-16) to approve AB148, a bill by Assemblywoman Sarah Peters (D-Reno) that would prohibit the issuance of a mining operation or exploration permit to any person leading a company that has defaulted on obligations related to mining reclamation.

An amendment to the bill refined the definition of a “principal officer” of a company to a “person who has a controlling interest” in a mining company that has defaulted on obligations, and allows that person to receive a permit once past debts are paid. The measure, if approved, would go into effect in 2022.

Hairstyle discrimination

In a 20-1 vote, the Senate passed SB327, which provides protections against discrimination based on hairstyles associated with particular races.

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

The bill arrives as part of a nationwide movement to end hair discrimination. Nevada is one of roughly thirty states considering adopting protections for hair styles, and at least 10 states, including Washington, California and Colorado, have already passed similar legislation.

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

Sen. Ira Hansen (R-Sparks) was the only senator to vote in opposition.

Paid leave for health reasons and getting vaccine

The Senate passed SB209 by a vote of 19-2 with Sen. Ben Kieckhefer (R-Reno) and Sen. Ira Hansen (R-Sparks) in opposition.

Introduced by Sen. Fabian Donate (D-Las Vegas), the bill would approve the use of state-mandated paid leave for any health reason, including receiving a COVID vaccine. It also requires the Legislative Committee on Health Care to conduct an interim study on the COVID public health crisis.

Kieckhefer said that though he supports paid leave for vaccines, the study did not seem necessary.

“I am … unabashedly pro vaccines,” Kieckhefer said. “However, I think the idea of charging the Legislative Committee on Health Care with the job of conducting an interim study on the state's COVID-19 response is a Herculean task that is most appropriate elsewhere.”

HOA debt collection

Members of the Senate voted 15-6 to pass SB186, a bill requiring collection agencies to file a report on collections related to homeowners’ associations (HOA).

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

Sen. Keith Pickard (R-Henderson) spoke in opposition to the bill, citing increased burdens on HOAs. 

The bill initially required collection agencies to report on the race, ethnicity, gender identity and sexual orientation of people from whom they are collecting, but was replaced with a requirement for the homeowner’s ZIP code. Still, Pickard said that the bill’s history was problematic.

“If we wish to find true equality and treatment, it must begin with race neutral goals that put all people on an even playing field,” Pickard said. “Not simply changing the parameters of the prejudice that moves one ahead at the expense of another.”

Sen. Ben Kieckhefer (R-Reno) and Sen. Joe Hardy (R-Boulder City) joined Democrats in support of the legislation.

Hate crimes

Members of the Senate cast a party-line vote, 12-9, 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.

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

Though the measure passed along party-lines, it generated no floor remarks or debate.

Savings accounts for low-income Nevadans

Low-income people could access savings accounts and matching funds that could multiply their deposits up to five fold under SB188, a bill that senators passed unanimously which creates the “Individual Development Account Program.” People living in low-income housing projects, who have enrolled in Medicaid or who are in the foster care system are eligible.

The bill 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.

“This legislation will aid systems in supporting individuals to develop pathways out of poverty,” wrote Tiffany Tyler-Garner, head of the Children’s Advocacy Alliance, in a letter of support. “Additionally, it establishes statewide infrastructure for fostering financial independence.”

Ratios of students to social workers

School districts in Clark and Washoe counties would have to create plans for achieving better ratios of students to mental health professionals under SB151, which passed the Senate in an 18-3 vote. 

Each year, districts must report to the governor, lawmakers and the Nevada Board of Education their ratio of students to “specialized instructional support personnel” (such as counselors, school psychologists and social workers). The bill also requires the districts to set targets for improvement and describe strategies for recruiting and retaining those staff members.

Sen. Ben Kieckhefer (R-Reno) voted against the bill, saying that the state’s current budget proposal will reduce the amount of funding available to social workers and lead to cuts in the positions even “as their contractual obligations continue to increase.”

“Hopefully, this measure will be able to be implemented with integrity that it needs to ensure that social workers are being funded at a level that is necessary,” he said.

Statewide human trafficking plan

Members of the Assembly voted unanimously to approve AB143, a bill by Assemblywoman Lisa Krasner (R-Reno) that would require creation of a statewide coalition and plan to deliver services to victims of human trafficking.

Krasner said previously that the bill is intended to help the state qualify for federal grants that require formation of a statewide plan for human trafficking victim services. The program would be placed under the Division of Child and Family Services in the state’s Department of Health and Human Services, and includes a requirements that the state publish an online directory of services for victims of human trafficking.

This story was updated at 1:57 p.m. on Wednesday April 21, 2021 to include a quote from Assemblywoman Sandra Jauregui on an amendment in the "ghost guns" bill.