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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Which legislators had the most success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Success for Republican senators in passing bills was more rare.

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

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

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

Which legislators had the least success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When were bills heard and when did they pass?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SENATE

Ben Kieckhefer: 36

Heidi Seevers Gansert: 33

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

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

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

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

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

Pete Goicoechea: 20

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

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

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

Joe Hardy: 17

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

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

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

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

Scott Hammond: 14

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

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

Keith Pickard: 6

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

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

Ira Hansen: 5

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

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

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

Carrie Buck: 3

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

James Settelmeyer: 2

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

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

ASSEMBLY

Jill Tolles: 92

Tom Roberts: 90

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

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

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

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

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

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

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

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

Melissa Hardy: 82

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

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

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

Glen Leavitt: 55

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

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

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

Heidi Kasama: 52

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

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

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

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

Lisa Krasner: 36

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

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

Gregory Hafen: 30

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

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

Alexis Hansen: 18

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

Robin Titus: 5

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

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

Annie Black: 3

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

The Nevada Legislative Freedom Caucus

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

P.K. O’Neill: 19

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

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

Jim Wheeler: 6

Jill Dickman: 6

Andy Matthews: 5

John Ellison: 3

Richard McArthur: 3

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

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

Which Republicans broke up unanimous votes?

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

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

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

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

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

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

Which Democrats dissented from their party?

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

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

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

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

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

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

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

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

Lawmakers begin wrapping up 2021 session; ‘Right to Return’ passes, Death with Dignity fails

The Nevada Legislature building as seen in Carson City on Feb. 6, 2017.

Crunch time has finally arrived for the Legislature, with lawmakers planning to work steadily through Sunday to work out compromises and pass scores of bills with less than a day and a half left in the 120-day session.

Much attention has been paid to negotiations over the long anticipated AB495 — the measure implementing a new excise tax on mining and various other education and health care changes, up for its first hearing on Sunday evening. But many other high-profile measures are finally approaching the finish line — including final votes on “Right to Return” legislation, as well as last-minute appropriations and amendments.

Here’s a look at some of the latest developments in Carson City on the penultimate day of session. 

Physician aid in dying legislation will not advance

A deeply divisive bill that would have allowed terminally ill patients to self-administer life-ending medication is not moving forward.

Bill sponsor Edgar Flores (D-Las Vegas) told The Nevada Independent on Sunday that there was no consensus on AB351 and the bill would not receive any further hearings or a floor vote. 

“I've lost all hope,” Flores said. “The position of the leadership is just, we don’t think the votes are there.”

Similar legislation divided Republicans and Democrats in 2017, when it passed 11-10 in the Senate. Democrats largely supported the measure, but the bill never made it to a final vote after it died in an Assembly committee. A 2019 measure sponsored by then Sen. David Parks (D-Las Vegas) also never received a floor vote after passing through its first committee.

Flores chalked the death of the bill up to ethical dilemmas and hesitancy to pass such a contentious piece of legislation. But he hopes to continue the dialogue in future sessions.

“It's funny how … there's very contested bills and then one session it just comes in and it goes right through,” Flores said. “And I think it's a lot of just that education component, and then kind of holding out, just being consistent.”

In early April, New Mexico became the latest state to provide a legal pathway for physician aid-in-dying, Flores said, noting that opinions are shifting.

“There's an obvious trend where states are recognizing that there's folk who need it, and should have a right to request it if they want it,” Flores said. “So I think we'll come back in two years and do this whole thing again.”

— Tabitha Mueller

Assembly approves ‘Right to Return’ legislation, bill heads back to the Senate for final vote

The Assembly gave quick party-line approval to legislation that would guarantee the rights of laid-off gaming and tourism industry workers to return to their jobs.

The 26 Democratic Assembly members outvoted 16 Republicans to send SB386 back to the Senate for final concurrence on an amendment. The Senate voted along party lines last Wednesday to approve the legislation.

Lawmakers on Friday evening adopted an amendment that exempts small businesses — ones that prior to the pandemic employed 30 or fewer workers — from being affected by the so-called “Right to Return” legislation. The amendment likely exempts small restaurants and vendors operating in casinos from having to comply with the hiring requirements in the bill.

Assemblywoman Heidi Kasama (R-Las Vegas) urged lawmakers to vote against the legislation, saying its passage would hurt small businesses and 30 “seemed like an arbitrary number.”

However, Assemblywoman Maggie Carlton (D-Las Vegas) called SB386 a bill that “protects the people that built this state. They are the economic engine of Las Vegas.”

Carlton said the 78-day shutdown of the gaming industry in an effort to slow the spread of the pandemic a year ago March, “was done for the right reasons. This is also the right thing to do. This protects everyone.”

Gaming interests and the Culinary Union struck a deal on the high-profile legislation earlier last week, agreeing to limit the scope of the bill and exempting certain employee classes including managers and stage performers. The Nevada Resort Association agreed to take a neutral position on the bill in return for those concessions, though not all casino operators are on board with the proposed legislation.

SB386 would allow workers in the gaming and travel sectors the right to return to their jobs, covering those workers laid off after March 12, 2020, and who were employed for at least six months in the year before the governor’s first COVID-19 emergency declaration.

— Howard Stutz

Amendments to a bill pushing citations, rather than arrests, for minor crimes

A bill directing law enforcement to issue citations in lieu of arresting people for misdemeanor crimes, AB440, passed out of a conference committee Sunday morning with two amendments, one proposed by Sen. James Settelmeyer (R-Minden) and the other from Sen. Dallas Harris (D-Las Vegas).

Settelmeyer’s amendment establishes requirements for candidates running for county sheriff in rural Nevada counties. Specifically, the amendment lowers the population threshold for required qualifications from 100,000 to 30,000 and stipulates that a candidate running for county sheriff must have accumulated at least five years of service as a law enforcement officer and have been certified by the state or a federal law enforcement training program.

The other amendment gives law enforcement officials time to implement the measure, specifying that provisions within the act do not apply until the Division of Parole and Probation has sufficient resources to carry out the measure.

The bill passed out of the Assembly and Senate on party-line votes with Republicans in opposition.

— Tabitha Mueller

Gender-neutral bathrooms bill gets messy

A discussion over a bill requiring that single-stall bathrooms be designated as gender neutral going forward turned into a discussion about whether more urine ends up on the floor in men’s rooms.

Sen. Keith Pickard (R-Henderson) said he would oppose the bill — AB280 from Assemblywoman Sarah Peters (D-Reno) — because he doesn’t think there should be mandates on businesses to make their restrooms unisex. He also argued that “women have more sensitive sensibilities as a whole.”

“By doing this, we're going to be making all the restrooms men's rooms, and that will create problems for a good number of women in society,” Pickard said.

Sen. Joe Hardy (R-Boulder City), a doctor, also offered an anatomical explanation for why the floor of men’s rooms might be dirtier.

“So, it sounds to me like men are the problem, and they could work on that, but in the meantime, I think the bill is fine,” concluded Sen. Melanie Scheible (D-Las Vegas). 

The committee ended up passing the bill — which “grandparents” in existing restrooms but governs future builds — with Republicans opposed.

— Michelle Rindels

$1 million to Immunize Nevada in AB355

AB355, a bill that already includes a variety of allocations for nonprofits, has a new proposed addition — $1 million for the statewide nonprofit Immunize Nevada.

Sen. Julia Ratti said the organization has seen a deluge of support for the COVID-19 vaccination effort, but much of that is strictly limited to the pandemic. Ratti said she doesn’t want the group to be shortchanged in its normal work.

“This gives them the flexibility to make sure that we're not disrupting the regular programming that they do for flu, back to school,” she said.

So far, the bill includes: $750,000 for the “Expanding the Leaderverse” initiative at UNLV’s International Gaming Institute, $350,000 for the “We the People” civics program in schools, more than $3 million for the Lou Ruvo Center for Brain Health, $1 million for the Nevada Blind Children’s Foundation and $2 million for the Springs Preserve in Las Vegas to develop an ethnobotanical garden for teaching indigenous farming techniques.

Assembly Ways and Means Chairwoman Maggie Carlton (D-Las Vegas) has said that nonprofits often approach the Legislature seeking allocations that they can leverage into further donations, and AB355 is a vehicle for such allocations.

— Michelle Rindels

Industry-heavy Patient Protection Commission could get significant membership overhaul

When Gov. Steve Sisolak proposed establishing a Patient Protection Commission to conduct a top-to-bottom review of Nevada’s health care system, he told industry representatives that his goal was compromise — and that those not working toward that goal could lose their seats at the table.

Under a bill Sisolak put forward and the Legislature approved in 2019, the commission was established as an industry-heavy body, with a few patient and general public representatives added in, that would come together to address pressing health care issues in the state — in the vein of an industry working group that had successfully compromised on surprise emergency room billing legislation earlier that year.

Today, the commission’s representatives include two doctors, two hospital CEOs, one union health trust representative, one private insurance representative, one drug company executive, a regional behavioral health coordinator and two patient advocates.

But, if Assemblywoman Maggie Carlton (D-Las Vegas) has her way this session, the commission may soon see a shakeup of that membership.

A bill sponsored by Carlton, AB348, would overhaul the commission’s membership to instead center primarily around patient advocates and those who work in the nonprofit health care space. 

Carlton, in presenting the bill to the Senate Health and Human Services Committee on Tuesday, lamented what she described as the commission’s “industry flavor,” suggesting it was at odds with the commission’s work, including with the Peterson-Milbank Program, which helps states set and implement health care cost growth targets.

“If we’re going to have real, honest, objective conversations, I believe the industry needs to step back and let other folks come forward and have those real conversations,” Carlton said. “This doesn’t say that the industry can’t participate, they just will not be voting members.”

In an email on Wednesday, Sisolak spokeswoman Meghin Delaney didn’t comment directly on the specifics of the legislation but said the governor supports “bringing more patient voices to the Commission and wants to ensure that all representatives of Nevada's health care community can participate in critical discussions about the future of care in our State.” 

“Governor Sisolak is grateful to the members of the Patient Protection Commission who have spent the past year-and-a-half engaged in transparent and comprehensive dialogue about how to bring affordable and quality health care to Nevada’s residents,” she said.

Delaney also said the governor is “proud” of the commission’s acceptance into the Peterson-Milbank program and that he “looks forward to working closely with the Commission as they implement health care cost growth targets.”

AB348 would specifically require that the commission be made up of:

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

The bill also would transfer the Patient Protection Commission from the governor’s office to the director’s office in the Department of Health and Human Services. It also would require the commission to adopt bylaws and commission members to disclose conflicts of interest and abstain from votes when conflicts arise.

The Health Services Coalition, the Nevada State AFL-CIO and the Culinary Health Fund testified in support of the legislation on Tuesday.

While several industry representatives testified in favor of adding extra voices to the commission, they rebuffed the complete overhaul of the commission's membership as proposed by the bill, which would limit — or in the case of the pharmaceutical industry, entirely eliminate — their representation on the commission.

“We have no concern about the expansion of the commission but would request that the committee consider reinstating at least one more hospital to provide some of the diversity of that perspective and the cost drivers that go with that,” Jim Wadhams, a lobbyist for the Nevada Hospital Association, said during the Tuesday hearing.

But state Sen. Julia Ratti (D-Sparks), who chairs the Senate Health and Human Services Committee, was blunt in her assessment of the commission in its current form. During the hearing, Ratti said she has spent “significant” time working on the two bills that came out of the commission this session — a telehealth bill, SB5, and an all-payer claims database bill, SB40 — and that, in her view, the commission isn’t working.

Ratti praised the commission’s executive director, Sara Cholhagian, and said she believed there have been “good and sincere” efforts by the commission. But she also said she was “okay with trying something a little new.”

“I feel like I’ve been relatively engaged in this process, and I’ve tried to be a good, neutral player to continue to move things along,” Ratti said. “But I hope that, whether you have a seat on the board or not, that everybody stays engaged and we continue to try to figure out how to work together as people who care about advancing health care.”

Several members of the Patient Protection Commission, however, took issue with Ratti’s assessment of the commission during their Wednesday meeting, saying that it glossed over the hours of effort they put into building relationships with one another and trying to come to consensus.

“I am really disappointed, to say the least, about the opinion in the legislators’ minds that the commission is not working,” said Dr. Ikram Khan, the commission’s chair. “It may not be doing what the legislators, in their mind, thought should be happening, and there is always room for modifying the subjects to be addressed and brought to the commission.”

Members of the Senate Health and Human Services Committee voted on Tuesday evening on party lines to forward the bill to the Senate for a final vote. The committee’s two Republican members, Ben Kieckhefer (R-Reno) and Joe Hardy (R-Boulder City), voiced support for more industry representation on the commission and voted against the legislation.

The proposal passed out of the Assembly last week, also on party lines.

Disclosure: This story and all others about the Patient Protection Commission are edited by Managing Editor Elizabeth Thompson and/or Assistant Editor Michelle Rindels. Sara Cholhagian, the commission’s executive director, is in a relationship with Editor Jon Ralston.

Bills promoting worksharing, college sexual misconduct study and unsupervised play fail at deadline

Although the demise of a bill to abolish the death penalty attracted widespread attention, another 18 bills met their fate in the Legislature at a Friday deadline for second committee passage.

Those included criminal justice reform measures that would have barred police from using deadly force if a subject appeared only to be a harm to themselves, a bill that would have created a treatment program option for people charged with misdemeanor domestic violence and another that would have promoted race-blind charging among prosecutors.

Other ideas — such as a bill relaxing rules around children playing without parent supervision, and one creating a “worksharing” program as an alternative to layoffs — also hit a wall after  passing in their house of origin.

The next major legislative deadline comes Friday, when most bills not exempted from legislative rules have to pass out of their second chamber.

Below is a rundown of the bills that failed to move forward.

AB17: Sponsored by the state’s Division of Parole and Probation, this bill would have eliminated the distinction between an honorable and dishonorable discharge from parole or probation. It passed out of the Assembly on a party-line 26-16 vote, and was heard in the Senate Judiciary committee on April 27, but never came up for a vote before the deadline. It was opposed by the state district attorneys association.

AB129: This campaign finance transparency measure, sponsored by Assemblyman Tom Roberts (R-Las Vegas), would have required political action committees in the state to report their cash on hand totals when filing contribution and expenditure reports, similar to the requirement for political candidates. The bill passed unanimously out of the Assembly, but never received a hearing in the Senate.

AB160: Sponsored by Assemblywoman Selena Torres (D-Las Vegas), this bill would have required courts to allow credit for time served in confinement prior to a criminal conviction. The bill passed out of the Assembly on a 33-9 vote, but never received a hearing in the Senate Judiciary committee prior to the deadline.

AB180: A bill aimed at expanding supplemental policies attached to Medicare for people with disabilities failed to advance past the deadline after never receiving a hearing in the Senate Commerce and Labor committee. The measure was sponsored by Assemblywoman Alexis Hansen (R-Sparks) and passed out of the Assembly on a 40-2 vote.

AB201: Legislation sponsored by Assemblywoman Cecelia Gonzalez (D-Las Vegas) that aimed to require more tracking and reporting on use of criminal informants failed to advance out of committee by deadline. The bill, which was approved on a party-line 26-16 vote in the Assembly, was heard in the Senate on May 13 and was scheduled for a committee vote on Friday, but was pulled and never voted on.

AB209: Cats may have nine lives, but this bill from Assemblywoman Susie Martinez (D-Las Vegas) banning the practice of declawing a cat only had one life, which was snuffed out Friday without ever receiving a hearing in the Senate Natural Resources Committee. It previously passed out of the Assembly on a 28-14.

AB243: A bill that would have required courts to consider whether a defendant is younger than 21 when deciding a sentence failed to clear the deadline. The bill, whose primary sponsor was Assemblyman David Orentlicher (D-Las Vegas) would also authorize prosecutors to establish a system of race-blind charging when considering criminal charges or allegations of criminal delinquency against a child. The bill passed on party lines in the Assembly, with all Republicans opposed.

AB268: The Senate failed to advance a measure that would have required law enforcement agencies to post their use of force policies on their websites. It also would have prohibited police from using deadly force against a person solely based on the premise that the person is a danger to themselves, and if a reasonable peace officer would not consider that the person poses an imminent threat of death or serious harm to the officer or another person. The bill, whose lead sponsor was Assemblywoman Lisa Krasner (R-Reno), also had Democratic co-sponsors and passed unanimously out of the Assembly.

AB313: This bill would have adjusted the law for removing people from the executive board of a homeowners association, including allowing people voting by secret ballot to do so electronically. It was sponsored by Assemblywoman Alexis Hansen (R-Sparks) and passed in a 40-2 vote, with two Democrats against.

AB339: A bill allowing justice courts to create treatment programs for people convicted of misdemeanor battery that constitutes domestic violence did not survive a deadline. The measure would also have required a court to seal the record of a defendant who successfully completes the program, if it is at least seven years after the charge is conditionally dismissed. The bill, sponsored by Assemblywoman Rochelle Nguyen (D-Las Vegas), passed the Assembly with just one lawmaker opposed. 

AB367: Nevada students will not see requirements for “disciplinary skills” in their American government instruction after this bill died. The measure sought to cultivate skills that help students discern the reliability of any given source, and was supported by the Clark County Education Association, which said it would help students tell the difference between information and misinformation. The bill passed with just two Democrats in the Assembly opposed.

AB384: This bill would have authorized a survey on sexual misconduct for students in the Nevada System of Higher Education and would have shaped a process for responding to reports of misconduct. It also would have required an annual report from the system on certain information about sexual misconduct. Sponsored by Assemblywoman Selena Torres (D-Las Vegas), the bill passed unanimously out of the Assembly.

AB395: This bill would have abolished the death penalty. Although it passed out of the Assembly on a party-line vote with Republicans opposed, Gov. Steve Sisolak announced the day before the deadline that the bill had no path forward in the Senate. 

SB90: Members of the Assembly did not vote on this bill, which would have used different language to describe investigations of health care providers that turn out to be unsubstantiated. Rather than calling the regulatory probe an “investigation,” it would refer to it as a “review and evaluation” for purposes of employment, professional licensure or liability insurance. The bill, sponsored by Sen. Joe Hardy (R-Boulder City), passed unanimously in the Senate.

SB123: This bill would have relaxed the requirements for joining the Silver Haired Legislative Forum, which acts on issues of importance to seniors. It would have allowed people to be appointed to the forum as long as they had lived in Nevada for six months — down from five years — and would have reduced the residency requirement in the appointee’s senatorial district from three years to 30 days. 

SB143: This so-called “Let Grow” bill with bipartisan sponsorship failed to clear Friday’s deadline. It would have spelled out that people aren’t abusing or neglecting a child just because they allow a child to do independent activities. It also explicitly stated that minorities and children living in poverty are disproportionately subject to intervention about their child-rearing practices and deserve equality under the law. Co-sponsored by Sen. Dallas Harris (D-Las Vegas) and Assemblywoman Alexis Hansen (R-Sparks), the bill passed unanimously out of the Senate.

SB218: Landlords would be required to disclose extra fees on the front page of a lease agreement, would not be allowed to assess late fees until three days after rent is due and would only be able to charge one prospective tenant at a time a fee for a rental application. The bill, sponsored by Sen. Julia Ratti (D-Sparks) passed the Senate on a 12-9 vote, with all Republicans opposed.

SB308: Assembly members did not vote on this bill, which would have required the Department of Employment, Training and Rehabilitation (DETR) to create a worksharing program through which employers could opt to reduce the hours of a group of employees instead of laying them off, and DETR would provide partial unemployment benefits to those workers. The measure, backed by Sen. Marilyn Dondero Loop (D-Las Vegas), passed the Senate in a 13-8 vote, with most Republicans opposed.

SB381: This bill, which aimed to modify and expand definitions in law around “service contracts” — defined as contracts where a provider agrees to repair, replace or perform maintenance on goods over a certain period of time — failed to advance out of the Assembly after passing unanimously in the Senate.

Senate advances criminal justice reform bills, including limits on police use of force, hate crimes reporting

State Senators Dallas Harris, right, and Melanie Scheible arrive at the Legislature on Friday, July 31, 2020 during the first day of the 32nd Special Session of the Legislature in Carson City.

Members of the state Senate voted Wednesday to advance a trio of criminal justice reform bills sponsored by Sen. Dallas Harris (D-Las Vegas) that would add more limits on police use of deadly force, require additional recordkeeping on hate crimes and place rate caps on calls made to and from inmates.

The bills passed just as former police officer Derek Chauvin is on trial for the killing of George Floyd in Minneapolis — an incident that touched off a wave of protests last summer — and as protests continue over the death of Daunte Wright in Minnesota at the hands of police. But Harris said the national attention on police killings isn’t what is motivating her.

She remembers the 1992 Rodney King riots growing up. And as a Black woman, she says she’s conscious that she must be especially careful to keep her hands on the wheel and not make sudden movements when interacting with police.

“These are things that are ingrained in us growing up,” she said. “And so the imperative has always been there. I think other people are just kind of coming around to it, which is great.”

The three measures are among the 22 bills and resolutions passed out of both the Assembly and Senate on Wednesday, and part of the legislative rush ahead of the first house passage deadline next Tuesday. 

Here’s a look at all three proposals, which now head to the Assembly.

Limits on police use of force 

Members of the Senate voted along party lines to approve SB212, a bill that would put additional limits on police use of force, use of restraint chairs for people in police custody and police dispersal techniques during protests or demonstrations.

The bill requires police officers to use de-escalation techniques and other alternatives before resorting to higher levels of force to arrest an individual. It would also require police agencies to adopt use of force policies and training that take into account (before using deadly force) the potential threat posed by individuals not armed with a weapon, who are under 13 or over 70 years old, or are physically frail, mentally or physically disabled, pregnant, suffering from a mental health or behavioral health issue or experiencing a medical emergency.

The bill initially would have banned use of restraint chairs, but was amended to put limits on the practice including only using a restraint chair for persons who are physically violent, and if police get authorization from a higher-level officer to use the chair. The bill also limits use of the chair to no more than two hours unless authorized by a supervising officer. It would also ban use of a restraint chair 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. It also would require that police issue at least three orders to disperse and offer an egress route before firing chemical agents into a crowd (with some leeway in dangerous situations).

Some Republican lawmakers pushed back on the bill during a hearing and during the floor session Wednesday, saying statistics provided by bill advocates that showed Reno as having one of the highest rates of police killings of Black men were flawed and painted police in an unfairly negative light.

“This really boiled down to an attack,” Ira Hansen (R-Sparks) said about the bill in a floor speech.

Sen. Melanie Scheible (D-Las Vegas) said she works with police who are trying to serve honorably every day in her day job at the Clark County district attorney’s office.

“This bill perfectly hits on the places that it's necessary to have reform without imposing on the ability of an officer to utilize their good judgment and their training to effectuate their jobs adequately,” she said. “But it allows for better community trust, better community relationships, and for the progress and improvement of our law enforcement agencies moving forward.”

Recordkeeping on hate crimes

As written, SB148 would require that all state and local law enforcement agencies submit monthly records of all hate crimes to the state’s Central Repository for criminal history records. The bill would require hate crime statistics, including data on prosecution and sentencing, to be made available to the public.

The bill was approved on an 18-3 vote, with Republicans Scott Hammond, Ira Hansen and Joe Hardy all opposed. Hansen spoke against the principle of enhanced penalties for crimes committed based on a victim’s personal characteristics.

“The whole concept is flawed,” Hansen said. “I think we need to get back to the idea that all are equal in the eyes of the law, including all people that are victims of crime.”

Democrats, however, said the law is full of enhanced penalties, including for crimes against the elderly and against law enforcement.

“We are not yet perfect, but we are on our way to perfection,” said Sen. Pat Spearman (D-North Las Vegas). “And until we get there, then we will need these types of enhancements to make sure that those who break the law, pay.”

Rate caps on inmate calls

The state Public Utilities Commission (PUC) would be required to regulate and set rate caps on businesses that provide calling services for inmates under SB387.

The bill, which passed unanimously on Wednesday, would authorize the PUC to establish rate caps and charge limits on inmate calling services, and would require any competitive supplier of inmate calling services to both file their rates with the commission, and publish their rates, terms and conditions on its website for public view.

As it stands, a 15-minute call to or from a prison in the Nevada Department of Corrections costs $1.65 to $2.10. 

“It’s not 1989 anymore, and the rates should be coming down,” Sen. Scott Hammond (R-Las Vegas) said ahead of the vote.

Harris said high calling costs prevent inmates from maintaining relationships with family, and that in turn could increase their chances of committing crime again when they leave prison. She also nodded to the multimillion dollar commissions that state prisons get from phone service companies — last session, the prison system estimated it would earn $10 million a biennium in commission from the phone service vendor.

“Can I necessarily be upset at agencies for wanting to get a little bit of additional funding where they can? No, not necessarily,” she said. “I just wish it didn't come on the backs of the folks who have the least.”

Raiders ticket tax, affordable housing bills and conservative election proposals die at deadline

Hundreds of bills bit the dust on Friday, a deadline by which proposals needed to advance from their first committee or die, unless they have a special exemption.

Friday’s deadline day proved busy, with lawmakers passing out close to 120 bills or resolutions through marathon committee hearings, including measures abolishing capital punishment, imposing more gun control, allowing physicians to prescribe life-ending drugs to people with terminal illness and many others.

But when the frantic, all-day rush of virtual committee meetings finally ended, more than 280 measures had failed to meet the deadline — nearly a third of the roughly 925 bills and resolutions introduced so far this session. Casualties included a host of affordable housing measures, ticket taxes on major sports teams, paying inmates the minimum wage, Republican-backed election bills and a bevy of other dashed legislative dreams.

While the concepts could always reemerge as amendments to other bills or entirely new legislation in the remaining 52 days of the session, here’s a look at some of the ideas that appear to be in the legislative graveyard. 

Raiders included in ticket tax

Tickets for Raiders and Golden Knights home games are exempt from a 9 percent Live Entertainment Tax on tickets, but an effort to bring them into the fold appears to be dead.

Sen. Dina Neal said she sponsored SB367 to create parity between those teams and other live events such as Cirque du Soleil shows. She said she doesn’t see a policy reason for the loophole, and argued it would only get harder to impose the tax on the teams’ tickets in the future as they started bringing in even more revenue.

But representatives from the teams argued that axing the exemption would violate the agreement on which the teams based their original moves to Nevada. They also speculated that subjecting teams to the tax would discourage more from relocating to the state.

More teeth in the public records act

In spite of a last-minute push from open government advocates, a bill to stiffen penalties for government agencies that violate the Nevada Public Records Act failed to survive the deadline.

The measure, AB276 from Assemblyman Andy Matthews (R-Las Vegas), would have allowed records requestors who prevail in a lawsuit be awarded twice the cost of their lawsuit. Local governments fiercely resisted the push, saying it would invite lawsuits.

"Even though this is disappointment ... I'm going to continue during my time here in the Legislature to continue to fight for that principle ... to make sure that our government is as open and accountable to the people as possible," Matthews said in an interview. 

Minimum wage for inmates

Lawmakers failed to advance SB140, a bill from Sen. Dina Neal (D-Las Vegas) that would have required the state pay minimum wage to inmates. 

During a hearing, former inmates testified that they sometimes made a dollar for an hour or even an entire day of work.

The bill also aimed to put inmates on a more solid footing ahead of their release. It would have limited deduction from prisoners’ wages to just family support and victim restitution and created an Offenders’ Release Fund so wages earned behind bars could be used when they leave.

COVID rule-free zones

A proposal to designate special zones within businesses for people who are vaccinated or recovered from COVID to mingle unbothered by government COVID-prevention rules failed to gain traction in the Legislature. The bill, SB323, was sponsored by Sen. James Settelmeyer (R-Minden).

Property taxes

A bill that received an icy reception for proposing a property tax floor increase, only received one hearing and did not live to reach the Senate floor.

The Nevada Association of Counties (NACO) brought forward SB10 to address local government shortfalls stemming from unexpected dips in property tax revenues.

Under current law, property taxes are capped at a certain percentage, with the goal of protecting property tax payers from burdensome increases year-over-year. Those caps can vary between zero and 3 percent for residential and zero and 8 percent for non-residential properties. The bill would have removed the ability for caps to drop below 3 percent and place a ceiling of 8 percent on tax caps for non-residential properties. 

Opponents criticized the measure as an overstep of government authority in the wake of an economically devastating pandemic.

Affordable housing

Three bills vehemently opposed by developers and development authorities quietly faded away after their first hearings.

Lauded by supporters as an opportunity to better understand Nevada’s rental market and take aim at bad-actor landlords, AB332, sponsored by Assemblywoman Sarah Peters (D-Reno), would have required the Housing Division of the Department of Business and Industry to establish a landlord registry containing a landlord's first and last name, information on rental units the landlord owns and rent prices.

But the bill failed to advance after receiving heavy opposition from landlords.

AB331 and AB334, aimed at giving local governments the ability to raise money to support affordable housing projects, received heavy pushback from developers who said that the legislation would increase developers' fees and further negatively affect the market. 

AB334, sponsored by Assemblywoman Shondra Summers Armstrong (D-Las Vegas), would have given local governments the option to require developers to follow inclusionary zoning policies. That means stipulating that a certain percentage of new construction has to be affordable for low-income households — or developers must pay a fee to avoid those requirements. 

The bill would also have given municipalities the option to adopt fees referred to as linkage fees, ranging from $0.75 to $10 for each square foot of commercial or residential development.

Democratic Assemblywoman Elaine Marzola's AB331 asked larger cities and counties to establish five-year goals for preserving and producing affordable housing. 

Housing developers launched an advertisement campaign against the two bills the week of the hearing, pushing lawmakers to oppose the legislation.

Developers, real estate companies and PACs funded by those entities contributed more than $1.3 million to lawmakers campaigns — the most money any single industry donated to state legislators. 

Natural gas planning & upgrading energy efficiency 

A bill by Assemblywoman Lesley Cohen (D-Henderson) requiring natural gas utilities to go through a comprehensive planning process aimed at a long-term transition away from natural gas failed to pass out of committee.

The bill, AB380, was heavily opposed by Southwest Gas and allies who claimed the bill would effectively end residential and commercial use of natural gas in the state.

Another bill requiring NV Energy to make a greater investment in energy efficiency programs, SB382, also failed to make it past the deadline. NV Energy opposed the bill, and said advocates should go through other avenues at the state Public Utilities Commission to accomplish their goals.

Reining in tax incentives for businesses

AB449, proposed by Assemblywoman Teresa Benitez-Thompson, attempted to balance out billions of dollars offered to corporations in the form of abatements or subsidies. 

Bemoaned by development authorities, the bill would have limited the Governor's Office of Economic Development's suite of tax incentives and required that businesses receiving tax incentives make payments into a state fund for affordable housing.

It marked the latest effort by Benitez-Thompson and other legislative Democrats to improve the state's at-times criticized collection of incentives and abatements to businesses that meet certain capital investment, job creation or minimum hourly wage targets. Former Gov. Brian Sandoval set up most of the incentive programs, but some Democrats (and at times, Gov. Steve Sisolak) have criticized the office for being too generous with abatements.

Republican election bills fall flat

Entering the 2021 session, many Republican lawmakers said that one of their top priorities would be to shore up election security and undo many of the mail voting changes implemented ahead of the 2020 election.

But after Friday, the vast majority of those proposals lay in the scrap heap, with most not even receiving a hearing.

The casualties were numerous In the Assembly and included bills repealing expanded mail voting (AB134), requiring proof of identity before voting (AB137, AB163), requiring the registrar of voters in major counties be elected (AB297), and a proposal amending the Constitution to require the Legislature and not the Supreme Court canvass the vote (AJR13).

In the Senate, Republican-backed election bills not receiving a committee vote before the deadline included measures implementing voter ID requirements and ending ballot collection from non-family members (SB225), as well as a bill expanding mail-in voting but limiting deadlines more stringently than what Democratic lawmakers have proposed (SB301).

Right to repair

A “right to repair” bill that would have made it easier for independent repair shops to fix phones and laptops failed to make it past the deadline.

AB221, from Assemblywoman Selena Torres (D-Las Vegas), would have required manufacturers produce documentation and the parts and tools necessary to diagnose, maintain and repair electronic devices with values ranging from $100 to $5,000.

While environmentalists praised it as a way to reduce waste in landfills, technology companies argued it could create privacy risks and that an independent repair shop could do serious damage to a device even under the bill’s specifications.

Community college system

Even though the concept of breaking the Nevada System of Higher Education into two entities earned a mention in the governor’s State of the State address in January, a bill to carry out the concept never got a hearing.

Sen. James Settelmeyer (R-Minden) had carried the bill, SB321, that proposed a Nevada  System of Community Colleges governed separately from the state’s universities.

Curbing governor’s emergency powers

Republicans were largely unsuccessful in their efforts to curb the governor’s emergency powers. AB93 and AB373, both of which would have made disaster declarations terminate after 15 days unless the Legislature extends them, failed to get hearings.

Members of the GOP have chafed against Gov. Steve Sisolak’s current state of emergency, which has lasted for more than a year.

Abortion notification

The Democrat-controlled Legislature did not entertain AB176, a bill sponsored by Assemblywoman Alexis Hansen (R-Sparks) that would prohibits a doctor from performing an abortion on a minor until 48 hours after her parents or guardians were served a notice of the procedure in person or through certified mail. 

Permanent Daylight Savings Time

A bill that would do away with sleep-disrupting time changes never got a hearing this session. SB153 from Sen. Joe Hardy (R-Boulder City) would have called for Nevada to stay on Daylight Savings Time year-round, although it was contingent on the state of California enacting similar legislation.

State occupational boards resist push for greater executive branch oversight

A legislative attempt to establish a state Division of Occupational Licensing brought together practitioners of oriental medicine, athletic trainers and cosmetologists on Thursday — all of whom oppose greater executive branch oversight.

The push to create the division builds off of a critical state audit from 2019 that called for greater oversight of the boards, and the effort comes after both Gov. Steve Sisolak and former Gov. Brian Sandoval previously raised issues with the independence and noncompliance of the occupational licensing boards.

The bill, SB335, would abolish five different occupational licensing boards — the Board of Homeopathic Medical Examiners, State Board of Oriental Medicine, State Board of Athletic Trainers, State Board of Massage Therapists and Board of Dental Examiners of Nevada — and bring those groups under the regulatory authority of a new division within the Department of Business and Industry. Combined, the five boards control more than 11,000 licenses across the state.

The bill would also allow for the appointment of advisory boards to assist in oversight of the occupations licensed by the division, including dentists, homeopathic medical examiners and athletic trainers. At least one member of the advisory board would have to hold a license in that profession, though the bill does not require any advisory boards to be appointed.

Opponents of the bill raised concerns that it would interfere with the practice of alternative medicine in the state, as the majority of those who testified in opposition during the hearing of the bill were members of the Oriental medicine board or advocates of homeopathic medicine. Oriental and homeopathic medicine can involve treatments such as acupuncture and herbal medicine.

“Abolishing the board and subsuming alternative medicine to allopathic medicine runs the risk of diluting the independence and legitimate effectiveness of this profession,” Lisa Grant, secretary-treasurer of the Oriental medicine board, said during the hearing.

Others in opposition expressed concerns that the new division would create unnecessary government oversight beyond the work of the Sunset Subcommittee, which reviews each state board and commission during the legislative interim and recommends which should be retired. And some bill opponents simply voiced general dismay.

“The board of athletic training recently progressed through the Sunset Subcommittee with a positive review,” Tedd Girouard, chair of the athletic trainers board, said during the hearing. “We are concerned that our board has been unjustly and unfairly, I guess, put into this situation to be abolished, and really don't understand what the metrics were that put us… in this bucket.”

Despite an overwhelming negative response to the bill — of 289 opinions filed on the bill so far, 284 are in opposition — the movement to overhaul the state’s occupational board system has been several years in the making. 

In 2017, Sen. Keith Pickard (R-Henderson) sponsored a bill that he said during the Thursday hearing was aimed at addressing some of the “procedural and structural problems” of the occupational licensing boards. And a 2018 audit found that more than half of the boards were ignoring a 2010 directive on salary caps for state employees.

During the hearing, the bill’s sponsor, Sen. Joe Hardy (R-Boulder City), who also serves as a physician licensed by the state medical board, said the measure was aimed at ensuring that medical boards and practitioners within the state are adhering to the standards of care and are showing integrity.

The bill was primarily supported by members of the Nevada Dental Association, a branch of the American Dental Association that advocates for oral health care. In recent years, the state’s dental board, which licenses the dentists in the association, has dealt with resignations amid criticism from the governor, on top of issues with board operations and conflicts of interest that were revealed through a state audit. 

“As many members of this committee are aware, the Nevada dental licensing board has had a history fraught with controversy and abuses,” Eddie Ableser, a lobbyist for the association, said during the hearing. “And the Nevada Dental Association stands with the efforts to change and reform boards across the state.”

Michael Brown, executive director of the Governor’s Office of Economic Development, explained that he and Terry Reynolds, director of the state’s business department, learned a lot from Utah’s occupational licensing division that informed the decision-making on introducing a similar division in Nevada.

Brown said that Utah has been able to reduce licensing barriers through the division, making it easier for professionals from other states to receive a license in a reasonable amount of time.

Previous attempts to overhaul the occupational boards have noted the potential high cost for establishing new oversight measures, such as the Division of Occupational Licensing, but no agency has yet submitted a fiscal note with an estimated price tag for the bill.

The measure does, however, call for 5 percent of fees received by various boards in the state — including the Board of Medical Examiners, State Board of Nursing and other health care licensing boards — to be deposited into an Occupational Licensing Account that would be used to fund the activities of the division.

Members of several boards that would not be abolished by the bill, including the Chiropractic Physicians' Board of Nevada and the Board of Osteopathic Medicine, testified in neutral during the hearing, calling for more conversations between the stakeholders and the sponsor of the bill.

“[The department’s] mission is the promotion of business and industry, which we are concerned might actually cause a lessening of consumer protection for Nevada's patients,” said Dan Musgrove, a lobbyist for the chiropractic board.

Thursday’s meeting marked the first hearing for the bill. The committee did not hold a vote on the measure.

Correction: This story has been updated at 3:35 p.m. on Friday, April 2 to reflect that the Board of Homeopathic Medical Examiners did not testify in opposition to the bill and did testify in neutral.

Bill would eliminate need for doctor’s appointment to receive birth control pills

State Senate Majority Leader Nicole Cannizzaro on Friday, July 31, 2020 during the first day of the 32nd Special Session of the Legislature in Carson City.

Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) is seeking to lower barriers to birth control in a state ranked the third-worst for access to primary care doctors and with an above-average rate of unintended pregnancies.

SB190, discussed Wednesday in the Senate Committee on Commerce and Labor, would allow women to receive birth control through a pharmacy and bypass a doctor’s visit. Cannizzaro introduced a similar bill in 2019, but that bill never made it out of its final committee.

"It is so essential that we open up access for women to get what we know to be safe forms of birth control," Cannizzaro said during the bill hearing. "Whether it be to finish our education, attain a career goal, or simply to wait to have a family for when we are ready, birth control empowers women to make decisions that are right for our own bodies."

To receive birth control, women in Nevada must make an appointment with a health care provider who can prescribe up to 12 months of birth control at a time. Patients can get up to a three month supply of a first-time contraception prescription. After that, the time period can extend to nine months or the remainder of the plan year.

Lack of access to primary care doctors, prohibitive costs related to primary care visits and insufficient time to visit a doctor's office contributes to about 30 percent of women across the country reporting barriers to obtaining birth control

Inability to obtain birth control can lead to unplanned pregnancies when, for example, women travel and forget to bring along their birth control. Primary care “deserts” in rural parts of the state also hinder the ability of women in rural communities to access safe, usable contraceptives, Cannizzaro said.

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

The bill requires the State Board of Health to design a risk assessment questionnaire that women could opt to take before receiving a prescription, and stipulates that pharmacists provide patients with written documents and other contraception information. The State Board of Pharmacy and Division of Public and Behavioral Health would also be required to post an online list of pharmacies offering the service.

Public and private insurance policies would be required to cover pharmacist-prescribed contraception in the same way as physician-prescribed birth control.

Though no group or individual spoke in opposition, the Nevada Osteopathic Medical Association submitted a letter recommending that the risk assessment questionnaire be made mandatory for screening purposes. The association also suggested that the bill restrict the minimum age at which someone could access pharmacist-prescribed contraception to 17 (the same age designated for emergency contraception) and suggested additional steps for someone using birth control for the first time.

"Other countries employ safeguards such as having the primary care provider conduct an initial screening," the association wrote. "Physicians, nurse practitioners, and physician assistants have the educational foundation to conduct a screening application and make a decision that is tailored to the needs of the patient, explain which contraceptive option is best based on medical or family history, or explain/answer questions that may arise."

Sen. Joe Hardy (R-Boulder City) said he hoped there was recognition that the bill would prevent unintended pregnancies and reduce the number of abortions, adding that he is optimistic that the bill would not stop women from getting pap smears or other screenings as they often do during a visit to a physician to obtain a birth control prescription.

The bill does not preclude women from obtaining a birth control prescription from a doctor or getting recommended pap smears to screen for cervical cancer, Cannizzaro said.

"If you are a woman who does go to their OB-GYN for a prescription, and that is where you would like to get your prescription, you can do that," she said. "This bill is not meant to say that we don't want people to continue to see their OB-GYN for regular checkups."

Supporters praised the bill as a necessary step to trusting women with their own health care needs, reducing unplanned pregnancies and expanding access to health care for minority and lower-income communities.

Annette Magnus, the executive director of Battle Born Progress, spoke in support of the bill in a personal capacity. She said that her prescription ran out over the weekend, leaving her without hormonal contraception that helps her control migraines and cramps and forcing her to jump through hoops to get a refill, still resulting in five days without her medicine.

"I've been doing this with my pills for years. I should have been able to walk into the pharmacy, have the pharmacist renew my prescription and have that conversation directly with the pharmacist so I didn't have to go through the things that I did," Magnus said. "There are thousands of people who take birth control in this state who are counting on you to make it easier and more accessible."

Self-driving Ubers, closing ‘classic car’ emissions loophole and death with dignity among bills introduced on Legislature’s deadline day

Despite suspending some bill introduction rules, state lawmakers and legislative drafters still rushed on Monday to introduce dozens of legislative proposals affecting a wide variety of topics — everything from banning loud mufflers, to requiring Postmates be more transparent on food deliveries and requiring school board trustees to spend one day a year as a teacher.

Legislators in both houses introduced a combined 91 bills during an initial round of floor sessions Monday — nominally the deadline for committee introduction of bills, but a deadline largely postponed or ignored amid a move last week to suspend a rule on bill introductions.

The Assembly adjourned midday — having suspended all bill introduction rules last week. Members of the Senate, however, held a second floor session in the early evening to introduce 18 additional measures — allowing legal drafters more time to work on legislative proposals.

The next major legislative deadline is for bills to make it out of their first committee. Assuming no more rule suspensions, that deadline is only 18 days away (April 9).

Here’s a look at some of the higher-profile bills introduced so far on Monday.

Elections

Major changes could be in store for the state’s election administration under SB292, a bill from Sen. Roberta Lange (D-Las Vegas) that requires general election ballots to have an option for straight-ticket voting for all candidates of a certain political party.

But the bill does more than just that — it also raises qualification requirements for minor political parties and requires the governor to appoint a person of the same political party to a vacated U.S. Senate seat (current law just requires the appointee to be a “qualified person”). The bill also takes the power to make appointments for legislative vacancies away from county commissions and gives it to the majority or minority leader of the chamber with a vacancy.

And while legislative Democrats are pushing a bill that would make expanded mail voting a permanent feature of Nevada elections, Republican state Senate Leader James Settelmeyer (R-Minden) has introduced a similar proposal that could reduce the long wait times before ballots are processed.

His SB301 would similarly require election clerks to send mail ballots to all active registered voters, but has shorter timelines as to when ballots can arrive and when issues with signatures can be addressed to a period generally on or before Election Day. It’d also require election boards complete the count of mail ballots by midnight on Election Day.

The measure would also require all county election clerks to adopt uniform signature standards, make the registrar of voters an elected office in Washoe and Clark counties and allocate $5 million to the Clark County Registrar of Voters’ Office to obtain a larger central location for counting ballots and hiring staff for the 2022 election.

Transportation

A bill sponsored by Sen. James Ohrenschall (D-Las Vegas) would prohibit modifications on a car’s exhaust system that make the vehicle louder than it would otherwise be. It calls for civil fines ranging from $250 to $1,000 for violators.

Nevada’s “classic car loophole” — which allows older but not necessarily classic vehicles to avoid smog tests — could finally be closed in Assemblyman Howard Watts’s (D-Las Vegas) AB349.

While existing law allows any vehicle over 20 years old to qualify for a special antique motor vehicle license plate (at a lower price than normal registration and without the requirement for a smog test), AB349 would limit those license plates to vehicles not used for general transportation (defined as fewer than 5,000 miles traveled in a given year) and have an insurance policy designed for an antique car.

It would also make some changes to the regulations for people who test exhaust emissions and authorize the DMV to establish a remote sensing system for exhaust emissions in Clark and Washoe counties. It also raises the fees assessed on businesses that conduct smog tests. 

The bill also exempts new motor vehicles from having to undergo a smog test until their fourth year of life. Current law requires it after the second year of life.

Could your next Uber or Lyft pickup actually be a self-driving car? That could be the case under a bill from Sen. Dallas Harris (D-Las Vegas), SB288, that would authorize transportation network companies to enter into agreements with artificial intelligence businesses for transportation services. A safety engineer would be required to be in the car at all times.

Education

Republican Sen. Scott Hammond’s SB306 is trying to revive Education Savings Accounts, a lightning rod school choice program that allows families to use money that would support public schools for their child and spend it on private school or other kinds of educational programming. 

The program was approved in 2015 but never funded amid a lengthy legal battle that ended with the state Supreme Court ruling the program was constitutional but needed a different funding mechanism. The bill also creates an Office of Educational Choice within the state that would oversee the existing Opportunity Scholarship program funded by businesses that donate to get a tax credit, and it would appropriate $60 million to fund the ESAs. Democrats, who control both houses of the Legislature, have long opposed ESAs on the grounds that they divert scarce public school funding to private schools.

Republican Sens. Ben Kieckhefer and Heidi Gansert are sponsoring SB316, a bill that would allocate $25 million in federal funds approved in the late-December stimulus bill to a pilot program in the next two school years to support students who have not graduated on time and want to enroll in a fifth year of high school.

That Republican duo is also sponsoring SB312, which allocates $8 million in federal dollars from the late-December stimulus bill for distribution of grants to pay for enrollment of at least 500 prekindergarten students over the next two school years.

School board trustees would be required to walk a day in the shoes of a teacher if AB364, sponsored by Assemblywoman Brittney Miller (D-Las Vegas) and other Democrats. The trustee would have to be supervised at all times by a licensed teacher and would not be allowed to post on social media about the experience.

The bill also requires that public comment submissions to school board meetings be included as part of the record even when they are provided via email.

An on-the-surface straightforward bill (AB352) from Assemblywoman Cecelia González granting public school students in the state a legal right to “high-quality public education” could have repercussions in an ongoing legal fight over education funding in the state.

Education advocates are still actively pushing a lawsuit arguing that the state isn’t meeting its constitutional obligation to sufficiently fund public education. The case is now before the state Supreme Court on appeal, after a District Court judge dismissed it in October — in part due to the court’s reluctance to “substitute its judgment for that of the Legislature with respect to the education policy.”

A measure to break community colleges into a system separate from the Nevada System of Higher Education has emerged as SB321, sponsored by Sen. James Settelmeyer (R-Minden). The concept was previously introduced in the Legislature in a past session and resurfaced in Gov. Steve Sisolak’s State of the State speech in January.

Economy & Business

Businesses could designate zones free from government-imposed COVID mitigation measures where only people who are vaccinated or who have recovered from COVID can enter. The bill, SB323, is sponsored by Republicans including Sen. James Settelmeyer (R-Minden).

SB308, sponsored by Sen. Marilyn Dondero Loop (D-Las Vegas) would require the Nevada Department of Employment, Training and Rehabilitation to establish a work-sharing program. Also called a “short-time compensation program,” an employer would reduce hours for a group of employees instead of laying them off, and they can collect partial unemployment benefits in addition to the wages from their reduced hours. 

Sen. Dina Neal (D-Las Vegas) has proposed SB314, which would add more regulations to vendors who are active on online marketplaces. It would require vendors who make 200 or more retail transactions in a year, worth more than $5,000, to provide certain types of identifying information to that site as soon as they reach high-volume status.

Neal is also sponsoring SB320, which would cap fees assessed by online food delivery platforms such as DoorDash or Postmates to no more than 20 percent of the food purchase price order (during the COVID state of emergency). It would also require more transparency on fees assessed by those platforms, and add civil penalties for any platform that offers food delivery without the expressed consent of the restaurant or eatery where the food comes from.

“You need to know what you're paying for,” she said in an interview Monday. “They have an administrative fee, which is outside of the tip, (and) I think there's four fees that actually pop up before you actually get the bill for the food. And I think you ought to know, so you can make a choice, right?”

The Assembly Ways and Means Committee is sponsoring AB355, which allocates half a million dollars from the general fund to UNLV’s International Gaming Institute’s “Expanding the Leaderverse” initiative to diversify the leadership of the casino industry. At the height the “Me Too” movement against sexual harassment in 2018, surveys found no women served as president, CEO or board chairman of 21 gaming companies surveyed, and casinos companies had an average of only 14 percent female board members. 

Among the bills that dropped on Monday was one for consumers who don’t speak English as their primary language. AB359, sponsored by Assemblywoman Venicia Considine (D-Las Vegas), makes it a deceptive trade practice if a business that negotiates a deal in a language other than English does not also provide the contract in the same language used for the rest of the transaction. 

Sen. Joe Hardy (R-Boulder City) has introduced a bill (SB335) that would pull all of the state’s occupational licensing boards and commissions under a single division within the Department of Business and Industry. It would also eliminate five existing occupational boards — Homeopathic Medical Examiners, Dental Examiners, Oriental Medicine, Athletic Trainers, Massage Therapy and Barbers’ Health and Sanitation Board — and move oversight of those professions to the newly created Division of Occupational Licensing.

Immigration

Lawmakers are seeking to curb local police cooperation with immigration enforcement officials through AB376, sponsored by Democrats, including Assemblywoman Selena Torres (D-Las Vegas). The bill declares that it is not the primary purpose of local law enforcement to enforce civil federal immigration law, bars law enforcement from detaining a person at the request of immigration authorities unless there is a warrant for that person, and requires police to warn people that their answers to questions about their birthplace could be used against them in deportation proceedings.

Separately, the bill calls for a “Keep Nevada Working Task Force” affiliated with the Office for New Americans that would explore ways to attract and retain immigrant-owned businesses and stabilize the agricultural workforce.

Health care

Assembly Speaker Jason Frierson (D-Las Vegas) is sponsoring AB358, which makes changes to ensure more people have access to Medicaid health insurance when they leave prison. The bill requires a person’s Medicaid insurance is suspended, rather than terminated, when they’re incarcerated, and allows people to apply for Medicaid for up to six months before their scheduled release. 

AB351, sponsored by Assemblyman Edgar Flores (D-Las Vegas), allows a doctor to prescribe life-ending drugs to a person who has a terminal illness. The patient would have to meet requirements such as having psychological evaluations and would need to self-administer the drug.  Sen. Dallas Harris introduced a similar “death with dignity” bill in the Senate.

A bill sponsored by Assemblyman David Orentlicher (D-Henderson) addresses concerns that government-sponsored Medicaid insurance often reimburses health care providers so little that they decide not to accept the insurance. AB347 would impose an assessment on certain specialists, then use the proceeds from the fee to raise reimbursement rates for providers who take Medicaid.

A similar arrangement is in state law regarding personal care providers. 

AB372, a bill from Assemblywoman Heidi Kasama (R-Las Vegas) would authorize the Doctors for Nevada Program to reimburse the student debt for physicians who move to Nevada to work and provide a stipend to any resident doctor who commits to practice medicine in Nevada for at least two years after completing their residency. The program would not pay more than $200,000 per resident or physician.

Housing

Sen. Julia Ratti (D-Sparks) is sponsoring SB284, which would extend the timeline for the state's highest-profile 2019 effort to address the affordable housing crisis — a program that allocated $10 million in tax credits for builders developing affordable housing.

The bill would eliminate the tax credit program's timeline by removing the program's expiration date and stipulating that transferable tax credits are issued before a project is completed. It would also place a cap on the total amount of tax credits the state can offer over the program's lifetime to $40 million.

The tax credit program's rollout has been slower than anticipated, and lawmakers say that the additional time will allow for more people to participate.

"We're seeking to remove the sunsets so that that program can stay established in law and so future legislators could choose to allocate more resources to that and not have to rebuild the entire construct," Ratti told The Nevada Independent. "And then also just some technical changes to make it more realistic and about how these projects get built in the real world."

Ratti is also sponsoring SB311. The bill would allow the Nevada Rural Housing Authority to set up for-profit businesses to provide low-income housing in rural areas. The housing authority could also rent or lease housing to people with higher incomes as long as the housing project mainly serves people with low to moderate incomes.

Bill Brewer, executive director of the Nevada Rural Housing Authority, told The Nevada Independent that the program would allow the housing authority to rent some units in a housing project at a market rate and then use the revenue from those units to subsidize lower-income households within the same complex.

In the Assembly, Rochelle Nguyen (D-Las Vegas) is sponsoring AB363, requiring counties or cities to establish rules surrounding temporary lodging rentals such as rooms or houses listed through AirBnB or Tripping.com.

Nguyen described the legislation as "long overdue," noting that there is almost no oversight for people renting their homes or spare bedrooms for temporary stays, and oftentimes people overseeing short-term rentals are not paying taxes. The legislation is designed to collect some of the lost tax revenue and regulate the short-term housing market, she added.

"I think we are capturing people that are avoiding taxation right now. So this isn't a situation where we are increasing the taxes on anyone else, we are just incorporating people that have been able to avoid paying taxes," Nguyen said. "And we are making a mechanism for them."

In the Senate, Sen. Carrie Buck (R-Las Vegas) has introduced similar legislation (SB322) affecting short-term rentals. It would prohibit local governments from outright banning short-term rentals, exempt those properties from transient hotel lodging taxes and instead apply a 1 or 2 percent tax on the gross receipts of any short-term rental operator.