Lawmakers accept $2.7 billion in American Rescue Plan funds; approve millions for homeowner assistance, education programs

State lawmakers have formally approved accepting Nevada’s $2.7 billion share of the American Rescue Plan (ARP) funds, while also approving a slew of initial spending programs including more than $50 million to help low-income Nevadans pay for housing.

Members of the Interim Finance Committee met Tuesday to authorize the governor’s office to accept the full ARP allotment and designate allocations of more than $76 million in federal aid programs, including $39.5 million in rental assistance, $12.1 million in homeowner assistance and $13.9 million for the Department of Education to ensure federal relief funds are properly administered.

Tuesday’s meeting — the first interim meeting of legislators since the regular 120-day session ended last month — also served to outline how lawmakers and the governor’s office plan to spend the multibillion-dollar federal windfall. 

The vote taken by lawmakers (which also funds the $5 million in vaccine incentive prizes announced by the state last week) will place the federal dollars into an executive budget account, which lawmakers said they will use similarly to a reserve account and to fund proposed programs after gathering additional public input. The state set up an online portal to accept spending ideas from members of the public, members of executive branch agencies and state lawmakers, and IFC Chair Sen. Chris Brooks (D-Las Vegas) said it has received about 1,000 submissions since it opened in April.

Lawmakers stressed that the votes on Tuesday were not intended to leapfrog other priorities for the federal funds — including legislation passed just weeks ago requiring the state to spend $335 million of the allotment to pay back money borrowed from the federal government to sustain unemployment benefits and $54 million to modernize the state’s unemployment insurance system.

“This is the agreement that we have, and we just want to make sure it's very clear to folks that we can walk and chew gum and fix two or three problems at the same time,” Assemblywoman Maggie Carlton (D-Las Vegas) said during the meeting.

Brooks said that the $2.7 billion was only a portion of the estimated $7 billion total in federal monies coming to the state in the form of direct grants to school districts, counties and cities, and myriad other programs. With all the different pots of money, he said lawmakers “want to make sure that there's no waste, and that it's going to the best and highest use, and there's no duplication.”

Here’s a look at some of the major funding allocations made by the committee on Tuesday:

Homeowner assistance program

Programs to help tenants catch up on rent have been up and running for the last year, but a vote on Tuesday gets the ball rolling on an entirely new, $121 million program to support struggling homeowners.

The Homeowner Assistance Fund is targeted toward property owners who have faced hardship since late January 2020 or after on account of the pandemic. Because the state needs time to set up a portal and put the project out to bid, it will probably take at least 90 days before applications are accepted.

Instead of being disbursed through the state and local government agencies, the fund will be managed by the Nevada Affordable Housing Assistance Corporation, which previously had been administering money from the U.S. Treasury’s Hardest Hit Fund that supported 18 states affected most by the Great Recession.

The Hardest Hit Fund was a $200 million program that ultimately supported about 8,000 individual homeowners. The new Homeowner Assistance Fund is expected to help about 6,800 households.

Carlton said federal COVID-19 aid had previously been reserved to help renters pay their landlords, on the understanding that tenants were exposed to the more immediate effects of the pandemic and mortgage forbearance initiatives would relieve pressure on homeowners. But she said many homeowners have been asking for assistance.

“Seeing a program come forward for homeowners is very gratifying,” she said.

Lawmakers approved spending 10 percent of the allotment to get the program up and running, with plans to build out technology infrastructure and ramp up staffing at the corporation that officials say is operating with a skeleton crew. The first initiatives are expected to be the Unemployment Mortgage Assistance Program — which would bring homeowners who are receiving unemployment benefits current on payments and help support a monthly payment — as well as a Mortgage Reinstatement Assistance Program geared toward people who have returned to work and need to get current with payments to avoid a foreclosure.

The unemployment program is expected to be capped at $54,000 per recipient, with the reinstatement program capped at $35,000 per recipient. But officials are eyeing a complete program limit of $100,000 per recipient, with the understanding that the program might evolve over time and people also could need principal reduction. 

Officials plan to get the word out through partnerships with housing counseling agencies, legal aid organizations and more than 100 mortgage servicers. The outreach involves coordinated mail campaigns that put special emphasis on hard-hit areas.

The program is expected to last for about five years. Some lawmakers questioned whether the estimated $17 million in administrative costs for the program was too high; officials said the costs stem from the complexity of complying with U.S. Treasury guidelines and the fact that applicants may need widely varying amounts of money.

Preparing for education spending

The committee also approved a round of allocations of ARP funds for the Department of Education that included nearly $14 million to ensure that federal relief funds for K-12 schools are properly administered.

“This is a whole new world for us,” said Carlton, who also serves as vice chair of the committee. “So we just want to be able to build in some of that transparency and ongoing communication between the department and IFC on how these dollars are spent in the future.”

In order to ensure the department’s spending of ARP funds is in compliance with guidance from the U.S. Treasury, the agency plans to use $431,000 of federal Elementary and Secondary School Emergency Relief (ESSER) funds to hire an “education programs supervisor,” who will help oversee the rollout of ARP funds over the coming years.

The additional funds for the department will go toward other temporary positions aimed at supporting the administration of ARP funds, as well as a few other small programs, including $400,000 to help the department in its transition to the new funding formula.

However, one project included within the department’s allocation of ARP funds was hotly contested during the meeting — a request for $10 million to contract with an external auditor who would help ensure the department remains compliant with ESSER and ARP requirements.

Some lawmakers questioned whether the audit would be needed and how long the contract would take, while others expressed concern over giving the agency the full $10 million for a multiyear contract when the department still needs to reach an agreement with a third party to complete the audit.

“We totally appreciate the audit function,” Carlton said. “Not with the Department of Education, but with other departments, we've had problems where we've given it all to them and found out at the end that none of it worked. And we ended up in a lawsuit, and we had to fund it all over again.”

The committee settled on allocating $5 million for the contract, with plans for the department to come back to the committee when it needs the rest of the funding for the audit contract.

The IFC additionally approved $1.8 million for the department with the goal of identifying and supporting the needs of homeless students.

However, IFC Chair Chris Brooks questioned the breakdown of that allocation across different county school districts. The breakdown was not available for public viewing.

“Why does Carson City — a population of 50,000 people — get $170,000 and Clark (County) — population of two-point-something million — get roughly twice that $342,000?” Brooks asked.

Seng-Dao Yang Keo, director of the Office of Student and School Supports for the department, explained that districts are awarded the grants competitively based on a variety of factors that include percentage of youth who are homeless and county capacity for serving those youth, which is why “one might see the disproportionality.”

Through ARP funding for homeless children and youth, the state will eventually be getting another round of funding of nearly $5.3 million to support that same population.

Other allocations

The committee approved a wide swath of work programs during the Tuesday meeting, including a few smaller allocations of ARP funding.

One allocation of federal funds will grant the Nevada Arts Council nearly $800,000 from the National Endowment for the Arts to help support non-profit arts organizations and individual artists as they recover from the pandemic.

The committee also approved $2.7 million to improve access to Supplemental Nutrition Assistance Program (SNAP) benefits by bolstering the infrastructure of the program, which includes expanding the program’s call center capacity and reducing call center wait times. The allocation is meant to ensure benefits can better reach underserved communities.

Another allocation of a little more than $100,000 in ARP funds, along with more than $200,000 in CARES Act funding, will go towards setting up the Office of Small Business Advocacy, which was established by AB184 during the 2021 legislative session. The office is meant to provide assistance directly to small businesses owners, including connecting those owners directly to economic relief programs.

After some discussion, committee members approved an allocation of around $2.5 million in federal funds aimed at addressing health disparities among at-risk and underserved populations. Sen. Julia Ratti (D-Sparks) commended the Department of Health and Human Services’ ability to coordinate and work with a variety of stakeholders during the pandemic, but noted that “we also want to do a better job specifically on health equity, specifically on disparate impact.” 

DHHS officials responded that the department is looking at continuing to fund its Office of Minority Health and Equity and support its Minority Health and Equity Coalition. Tina Dortch with the office of Minority Health and Equity said that the office has been cultivating relationships in minority communities and will keep working with those communities. Dortch added that the additional funding will allow staff to continue to develop those relationships and build out existing programming.

Legislators on the committee also approved allocating $283,000 to the Department of Motor Vehicles for computer programming costs associated with legislation approved in the 2021 session, including measures decriminalizing traffic tickets (AB116), changes to special license plates for the Las Vegas Golden Knights (AB123) and the “Divine Nine” Black sororities and fraternities (SB163) and prohibiting the suspension of driver license fees by a court over unpaid fees or fines (SB219).

Updated on June 24, 2021 at 8:25 a.m. to correct the amount of funding allocated to the DMV for implementation of bills passed by the 2021 Legislature.

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.

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

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

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

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

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

$15 million earmarks on American Rescue Plan funds

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

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

— Michelle Rindels

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

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

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

— Riley Snyder

Closing ‘classic car’ loophole

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

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

— Riley Snyder

Permanent expanded mail voting and ballot initiative withdrawals

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

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

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

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

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

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

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

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

— Riley Snyder

Authorizing cannabis consumption lounges

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

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

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

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

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

— Michelle Rindels

Taxing and regulating short-term rentals

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

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

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

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

— Michelle Rindels

Bill removing citizenship requirement for higher education scholarships revived

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

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

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

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

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

It also addresses other higher education inequities by:

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

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

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

— Tabitha Mueller

Deportation defense funds

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

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

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

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

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

— Michelle Rindels

Transmission build-out, electric vehicle charging infrastructure bill passes

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

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

The measure previously passed unanimously out of the Senate. 

— Riley Snyder

Minimum energy efficiency levels for appliances

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

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

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

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

— Tabitha Mueller

Overhauling interim legislative structure

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

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

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

— Riley Snyder

Fifth time’s the charm to decriminalize traffic tickets 

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

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

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

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

— Jannelle Calderon

Nevada joins and leapfrogs primary states

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

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

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

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

— Jannelle Calderon

Allocating federal COVID aid

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

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

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

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

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

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

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

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

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

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

— Michelle Rindels

DMV repayment

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

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

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

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

— Michelle Rindels

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

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

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

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

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

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

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

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

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

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

— Riley Snyder

Public option likely all but a done deal after Assembly approves bill on party lines

Nevada’s bid to establish a state-managed public health insurance option appeared all but certain to become a reality late Sunday evening after the Assembly voted on party lines to approve legislation setting the process for establishing such a plan in motion.

The bill, SB420, cleared the Senate on party lines last week and now will return to that body on Monday to concur on an amendment that makes several minor, mostly technical changes to the bill and adds an additional appropriation to cover the costs of implementing the public option. Because the amendment was made with the blessing of Senate Majority Leader Nicole Cannizzaro (D-Las Vegas), the bill’s sponsor, it is likely to clear the Senate without issue.

Once the Senate approves the amendment, the bill will head to the desk of Gov. Steve Sisolak for his signature. If he signs it quickly, Nevada will become the second state in the nation, after Washington, to approve a public option. (Colorado is also in the final stages of approving a public option bill.)

Sisolak has not taken a public position on the legislation, though it would be unlikely for the Democratic governor to veto the bill. Gov. Brian Sandoval, a Republican, vetoed a different public option proposal in 2017 that would have allowed anyone in the state to buy into a Medicaid-like system of health insurance. At the time, Sandoval said the proposal was “moving too soon, without factual foundation or adequate understanding of the possible consequences.”

Since then, the Legislature has continued to consider establishing a public option, including approving an interim study in the waning days of the 2019 legislative session to look into the possibility of allowing Nevadans to buy into the state Public Employees’ Benefits Program.

SB420, now the third iteration of the public option proposal in Nevada, will require insurers that bid to provide coverage to the state’s Medicaid population to also offer a public option plan. The plans will resemble existing qualified health plans certified by the state’s health insurance exchange, though the legislation requires them to be offered at a 5 percent markdown, with the goal of reducing average premium costs in the state by 15 percent over four years. The public option will be available for purchase starting in plan year 2026.

Because the concept differs from the prior two public option proposals lawmakers have considered, no one yet knows for certain what kind of an impact the bill might have on reducing costs and expanding accessibility to health care, two goals that proponents have honed in on in advocating for the legislation. To that end, the bill requires an actuarial study to be conducted as part of the four-and-a-half year ramp up before the bill takes effect.

The bill also expands coverage for certain Medicaid services to the extent money is available, including community health workers and doulas.

The Assembly’s swift approval of the bill on Sunday came as no surprise after Assembly Speaker Jason Frierson (D-Las Vegas) and Assembly Ways and Means Chair Maggie Carlton (D-Las Vegas) threw their support behind the bill on Saturday after previously remaining mum on the topic. While health care industry representatives had angled to turn the bill into an actuarial study only — removing the portions of the bill actually setting the public option in motion — both Frierson and Carlton voiced comfort in the fact that the bill offers significant time before the public option is actually offered for purchase.

“This is a good first step. We're trying to get someplace. We know there's an issue. We're trying to address it. This is a long term process to get there,” Carlton said on the Assembly floor. “The part of the bill that I support the most is being able to get that actuarial study done, know where the state stands and for future legislators sitting in these seats to be able to make a decision. I'm not sure if this is the right way to go, but we're not going to know until we get the data, and that's the part of the bill that I truly support.”

Republican lawmakers have staunchly and uniformly opposed the bill, siding with industry concerns that the legislation will not only not achieve its goal of increasing health care access and affordability but that it will destabilize Nevada’s already fragile health care system. 

“If passed, the bill would mandate insurers to offer a public option and mandate physicians and hospitals to accept rates below cost,” Assembly Minority Leader Robin Titus (R-Wellington), a family practice doctor by trade, said on the floor. “Doctors will leave the state and hospitals will raise rates or cut critical elective services that are widely used by all. The net effect is less access to care and higher costs for the remaining Nevadans, just the opposite of what we should want.”

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

College athlete compensation, cannabis investigations and ‘pot for pets’ among latest bills signed by Sisolak

As Nevada lawmakers work through the final weekend before the adjournment of the 120-day legislative session, Gov. Steve Sisolak has also been busy fulfilling his end of the process — signing more than 40 bills into law on Friday and Saturday.

Some of the higher-profile measures signed by Sisolak over the past two days include bills aimed at allowing collegiate athletes to receive compensation, lowering the penalties for minors caught in possession of alcohol or small amounts of marijuana, requiring teaching about minorities and historically underrepresented groups and raising the legal and age prerequisites for a person to become state attorney general.

Sisolak had signed 174 bills into law as of Saturday evening. Once bills are approved by both houses of the Legislature and sent to the governor’s office, the state’s chief executive has five days during sessions and 10 days after they adjourn to either sign the bill, veto the measure or allow the clock to expire, which causes a bill to automatically become law.

Here’s a look at some of the major bills signed by Sisolak on Friday and Saturday. For a full list of bills signed by the governor this session, click here.

AB101: ‘Pot for pets’

Sponsored by Assemblyman Steve Yeager (D-Las Vegas), AB101 authorizes licensed veterinarians to administer products containing CBD or hemp in the treatment of an animal and to recommend use of such products to pet owners. It also prohibits the state Board of Veterinary Medical Examiners from taking disciplinary action against veterinarians who administer or use such products.

The bill passed unanimously out of the Senate and Assembly. 

AB158: Lowering penalties for minors caught buying alcohol or marijuana

This measure sponsored by Assemblywoman Daniele Monroe-Moreno (D-North Las Vegas) generally lowers the criminal penalties for minors found in possession of alcohol or small amounts of marijuana. 

Specifically, the bill prohibits imprisonment or a fine and instead requires any such person under the age of 21 found in possession of the prohibited substances to perform up to 24 hours of community service, attend a panel of victims of persons killed or injured by intoxicated drivers or undergo an evaluation to see if they have an alcohol or substance abuse disorder.

The bill also requires the automatic sealing of criminal records related to underage possession once a juvenile successfully completes the terms and conditions set by a court.

It passed unanimously out of the Senate and Assembly.

AB177: Prescription drug instructions in non-English languages

This measure, sponsored by Assemblywoman Teresa Benitez-Thompson (D-Reno), requires most pharmacies in the state to provide specific instructions on the use of a prescription drug in a language other than English, if requested by the recipient. It exempts pharmacies from civil liability if they contract with a third party translation service and injury cannot be linked to the “negligence, recklessness or deliberate misconduct of the pharmacy or employee.”

The measure passed out on a party-line 26-16 vote in the Assembly, but passed the Senate unanimously after an amendment was added granting civil immunity to pharmacies.

AB200: Regulations for veterinary telemedicine

Sponsored by Assemblywoman Shannon Bilbray-Axelrod (D-Las Vegas), the measure establishes regulations for veterinary telemedicine, allowing licensed veterinarians to practice telemedicine only after an in-person examination of an animal. Under the bill, veterinarians would not have to examine every member of a herd to consult remotely, and a doctor with access to medical records could also consult via remote communication.

The measure passed out of the Assembly on a 40-2 vote and then unanimously out of the Senate.

AB254: College athletes can profit off likeness

This bill from Assembly Speaker Jason Frierson (D-Las Vegas) would prohibit colleges or the National Collegiate Athletic Association (NCAA) from preventing student athletes from being compensated for use of their name, image or likeness. It’s intended to align with planned moves by the NCAA to allow for student-athlete compensation.

The bill also requires that the Legislative Committee on Education conduct an interim study concerning the issue.

It passed on a 34-8 vote in the Assembly and on a unanimous vote in the Senate.

AB261: Teaching about history of underrepresented groups 

This measure, sponsored by Assemblywoman Natha Anderson (D-Sparks), requires Nevada students to learn about the history and cultural contributions of minorities and historically underrepresented and discriminated against groups, including Native Americans, members of the LGBTQ community and African Americans. It would also require that textbooks and instructional materials accurately portray the history and contributions of marginalized groups.

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

SB58: Cannabis investigations

This bill expands the duties of the Investigation Division of the Department of Public Safety to include assisting in investigations related to cannabis that the Department of Taxation or the Cannabis Compliance Board might be undertaking, if those agencies request the help. 

The bill passed unanimously in both houses.

SB66: Connecting kids to computers

This bill expands the work of the Office of Science, Innovation and Technology, calling on the agency to develop a statewide system to determine the extent to which students have access to the internet and computers in their homes. It also tasks the office with helping connect students to that technology. 

The bill passed unanimously in the Senate and on a 35-4 vote in the Assembly, with some Republicans opposed.

AB227: Cracking down on independent contracting in construction

This bill bars contractors from hiring people who don’t have a contractor’s license and are not their direct employees to do work for a contractor that requires a contractor’s license. Backed by Assemblywoman Maggie Carlton (D-Las Vegas), the bill is one strategy to tackle the issue of employee misclassification but was opposed by all Republicans.

The bill passed on party-line votes in both houses.

AB190: Sick leave used to care for family

This bill requires that employers who offer sick leave to their workers also let those employees use that accrued time to attend to medical needs of their immediate family, whether that be for an illness, injury or doctor’s appointment. It allows employers, however, to limit the amount of sick leave a worker can use for that purpose.

The bill, sponsored by the Assembly Commerce and Labor Committee, includes a preamble stating that caregivers in Nevada provided 324 million hours of uncompensated care in 2013, at an estimated value of $4.27 billion.

The measure passed unanimously in the Senate and on a 30-12 vote in the Assembly; all who voted against it are Republicans.

AB236: Raising requirements to be attorney general

This bill, sponsored by Assembly Speaker Jason Frierson (D-Las Vegas), raises the prerequisites for serving as attorney general. It requires the person in that role to be at least 30 years old — up from the current minimum age of 25 — and have lived in Nevada for at least three years, up from two.

The person must also be a member in good standing of the Nevada Bar.

Frierson said that the duties of the office have become increasingly complex over the years, and Nevada’s minimum qualifications have not kept up with the prerequisites common in other states. Opponents said other constitutional offices, such as governor or treasurer, only require the person to be 25 and have no other professional prerequisites.

Sen. Ira Hansen (R-Sparks) also said it gives way too much latitude to the state bar and limits the choices of Nevada voters.

The bill passed 31-11 in the Assembly and 12-8 in the Senate. All those who voted against it were Republicans.

SB362: Operating a ‘microtransit’ system

The bill authorizes the Regional Transportation Commission in Clark County to offer microtransit services, or transportation by a multi-passenger vehicle that carries fewer passengers than vehicles used on regular routes and is dispatched through a digital application service.

The measure passed unanimously out of the Senate and on a 36-5 vote in the Assembly.

SB363: Reporting requirements for charter schools

This measure requires charter schools that contract with education management companies to submit a report to the sponsor of the charter school, detailing the amount paid to those companies in the current and preceding fiscal years. Charter schools will also have to submit the same report to the director of the Legislative Counsel Bureau in even-numbered years.

The bill passed on a 19-2 vote in the Senate and a 35-6 vote in the Assembly.

AB181 - Mental health parity, attempted suicide report

This bill requires health care providers to report cases or suspected cases of attempted suicide to the state, with that information reported annually to the Patient Protection Commission. It also calls for an evaluation by the state Insurance Commissioner on whether insurers are adhering to a federal law requiring mental health parity — not limiting mental health benefits more than physical health benefits.

The measure passed 26-16 in the Assembly and 14-6 in the Senate. Those opposed were Republicans.

This story was updated on Sunday, May 30, 2021 at 12:53 p.m. to reflect that Assemblywoman Natha Anderson was the primary sponsor of AB261.

Public option proposal advances as key Assembly leaders put their support behind the bill for the first time publicly

Nevada came one step closer to becoming the second state in the nation to pass a public health insurance option on Saturday after an Assembly committee voted to advance the legislation and two key leaders voiced support for the bill after being relatively mum on the measure.

While the public option bill faced a relatively clear path in the Senate, where bill sponsor Nicole Cannizzaro (D-Las Vegas) is the majority leader, it faced a less certain future in the Assembly, with leaders in that chamber remaining relatively quiet publicly on their feelings on the bill. That changed Saturday when Assembly Speaker Jason Frierson (D-Las Vegas) and Assemblywoman Maggie Carlton (D-Las Vegas), who chairs the Assembly’s money committee, not only voiced support for the legislation but defended it from attacks.

The Assembly Ways and Means Committee voted on party lines on Saturday to forward the measure on to a full vote of their chamber.

Carlton, ahead of the committee vote, acknowledged for the first time publicly her own doubts about the bill. But she said her concerns were assuaged by the fact that the bill, SB420, includes a significant runway before the public option would be available for purchase in 2026, allowing the Legislature to come back in 2023 and make any tweaks to the policy as necessary.

“It's not a secret I have been skeptical of this bill from the very beginning, but I've seen the amendments, and I have talked to a number of the different proponents of the bill and opponents of the bill on it,” Carlton said. “I feel much more comfortable knowing that in the future the people that are in this building now that do come back are well aware of what's going on, and I trust them to make the best decisions they can to protect the constituents of this state.”

Assembly Minority Leader Robin Titus (R-Wellington), however, didn’t mince words on the legislation, which has been uniformly opposed by Republican lawmakers who agree with the health care industry’s concerns about the bill.

“I think this piece of legislation is probably the single most damaging thing we’re going to do to health care access in our state in the entire time I’ve been in this building. I have incredible concerns about this bill,” Titus said. “We all say we want more access to care and, again, I've said it all along: Giving somebody a bus ticket without the buses and ensuring that the buses will be available, we might as well be throwing them under the bus, and I feel this bill throws health care under the bus.”

Frierson, however, pointed to the legislation’s “guardrails” and warned against the public being “misled about the nature of what we're doing.” 

“There are concerns that are valid concerns, but we also have a thing called time,” Frierson said. “If this is not going to kick in until several years, then a subsequent Legislature can make adjustments. I beg to differ that this is the worst thing unless folks who plan on being here don't plan on doing their jobs, which is our job to look at future legislation and make adjustments.”

The comments from Carlton and Frierson marked the first time either has taken a publicly supportive position on the legislation, though Frierson is listed as primary sponsor of the bill. 

On Friday, Carlton temporarily pumped the brakes on the legislation, saying the Assembly needed to take the time to get all interested parties “in the corral together” on the legislation before advancing it, while Frierson earlier this week deferred questions about the status of the public option bill — and whether it was getting tied up in legislative endgame conversations — to Cannizzaro, as majority leader. 

The bill, as written, would require insurers that bid to provide coverage to the state’s Medicaid population to also offer a public option plan. While the plans would resemble existing qualified health plans certified by the state’s health insurance exchange, the legislation would require them to be offered at a 5 percent markdown, with the goal of reducing average premium costs in the state by 15 percent over four years. The public option would be available for purchase for coverage starting in 2026.

Health care industry representatives, however, have argued that not only will the bill not achieve its goal of increasing health care access and affordability but that it will destabilize Nevada’s already fragile health care system. To that end, they have proposed limiting the bill to an actuarial study of the public option concept as outlined in SB420 and letting the 2023 Legislature decide whether to move forward with putting a public option into law, depending on what the study finds.

Approving a public option just as an actuarial study would, however, be a gamble for Democrats, who control both chambers of the Legislature and the Governor’s Mansion. If they only approve a study, lose any one of the three parts of their Democratic trifecta to Republicans in 2022, and the actuarial analysis comes back and says the public option will achieve their goals and is financially feasible, it would likely be difficult, if not impossible, to pass a public option during the 2023 legislative session.

On the other hand, if lawmakers approve SB420 as drafted — including both the actuarial study and a timeline to establish the public option by 2026 — and the actuarial analysis comes back and says the proposal isn’t workable and either needs changes or to be scrapped entirely, Democrats could make the necessary changes to the bill if they remain in control in 2023, while Republicans would likely remain eager to change or undo the policy if they gain at least some control in 2023.

The Assembly Ways and Means Committee also approved a hodgepodge amendment to the bill on Saturday that would make several minor, mostly technical changes to the bill, require that a niche benefit be covered by the state Public Employees’ Benefits Program and add a $600,000 appropriation to the Silver State Health Insurance Exchange to cover the costs of implementing a public option.

The bill now heads to the Assembly for a final stamp of approval. If the Assembly passes the bill, the Senate will be required to concur with the changes made on the Assembly side before it heads to Gov. Steve Sisolak’s desk. Sisolak has not yet taken a position on the bill, though it would likely be politically fraught for a Democratic governor to veto a public option bill.

If Nevada passes its public option bill quickly, it will be the second state in the nation to approve such a proposal, though Colorado is also advancing a public option bill this spring. Washington was the first state to approve a public option plan in 2019, with its plan available for purchase starting this year.

Riley Snyder and Michelle Rindels contributed to this report.

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

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

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

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

AB141: Sealing COVID-19 eviction records

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

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

AB348: Patient Protection Commission reorganization

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

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

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

SB168: Curbside cannabis pickup

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

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

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

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

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

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

AB59: Raising smoking age to 21

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

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

AB109: Charter school teacher licensure

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

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

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

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

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

AB123: Golden Knights license plate fees

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

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

AB336: Annual behavioral health care assessment for law enforcement officers

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

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

AB409: Addressing implicit bias in law enforcement recruitment

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

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

AB378: Federal and state land management

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

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

AB435: Expands tax exemptions to trade shows/meetings

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

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

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

SB46: Protecting personal information

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

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

SB114: CBD and hemp-infused foods

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

SB379: Health care provider database

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

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

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

Assembly taking time to get interested parties ‘all in the corral together’ before advancing public option bill

With just three days left in the session, a Senate bill to establish a state-managed public health insurance option finally received its first hearing in the Assembly on Friday.

Because the bill does not require two-thirds support, the Democratic-controlled Assembly could quickly process the proposal, which was sponsored by Senate Majority Leader Nicole Cannizzaro (D-Las Vegas), and send it to Gov. Steve Sisolak, also a Democrat, for his signature. But Assemblywoman Maggie Carlton (D-Las Vegas), who chairs the Assembly Ways and Means Committee where the bill sits, has indicated her chamber isn’t in any rush to get the bill out and said there would be no action on the bill, SB420, on Friday.

Sisolak has not yet taken a position on the public option bill.

Carlton, in an interview, said her committee needed time to vet a new amendment to the bill — which would make a minor change in coverage requirements for the state Public Employee Benefit’s Program unrelated to the legislation’s public option or Medicaid service expansion sections — and consider how to cover $600,000 in fiscal impact from the legislation on the Silver State Health Insurance Exchange that cannot be taken from the exchange’s reserves.

She added that she wanted to take the time to get interested parties “all in the corral together,” saying they “may not all agree with each other” but “you don’t pass something this big without making sure you’ve got everybody” together.

“We’re not moving it today because it’s significant, and we want to make sure that everybody’s comfortable, that everybody’s got all their comments on the record and members have time to address their concerns,” Carlton said.

Health care industry representatives have voiced concerns since the first hearing on the bill about being left out of the bill drafting process and this week proposed their own amendment to the legislation, which would remove the portion of the bill actually establishing a public option  and leave the legislation at just an actuarial study of the latest concept. That amendment would, essentially, leave it up to the 2023 Legislature to decide whether to move forward with the proposal, based on the outcome of the actuarial study.

Cannizzaro, however, has said she isn’t open to considering the industry’s proposed amendment.

“I’m not interested in gutting the bill and replacing it with a study when that is exactly the reason why we’re here is having done a lot of studies, and I think the actuarial analysis that goes with the bill is what’s needed to get this implemented, but now is the time to start implementing it, not just studying it,” Cannizzaro said in an interview on Thursday. “People are fine to propose their own ideas but I’m not interested in accepting that one.”

The bill, at its core, would require insurers that bid to provide coverage to the state’s Medicaid population to also offer a public option plan. While the plans would resemble existing qualified health plans certified by the state’s health insurance exchange, the legislation would require them to be offered at a 5 percent markdown, with the goal of reducing average premium costs in the state by 15 percent over four years.

The bill passed the Senate on party lines earlier this week.