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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Which legislators had the most success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Success for Republican senators in passing bills was more rare.

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

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

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

Which legislators had the least success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When were bills heard and when did they pass?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SENATE

Ben Kieckhefer: 36

Heidi Seevers Gansert: 33

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

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

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

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

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

Pete Goicoechea: 20

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

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

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

Joe Hardy: 17

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

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

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

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

Scott Hammond: 14

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

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

Keith Pickard: 6

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

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

Ira Hansen: 5

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

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

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

Carrie Buck: 3

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

James Settelmeyer: 2

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

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

ASSEMBLY

Jill Tolles: 92

Tom Roberts: 90

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

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

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

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

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

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

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

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

Melissa Hardy: 82

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

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

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

Glen Leavitt: 55

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

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

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

Heidi Kasama: 52

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

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

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

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

Lisa Krasner: 36

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

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

Gregory Hafen: 30

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

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

Alexis Hansen: 18

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

Robin Titus: 5

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

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

Annie Black: 3

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

The Nevada Legislative Freedom Caucus

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

P.K. O’Neill: 19

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

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

Jim Wheeler: 6

Jill Dickman: 6

Andy Matthews: 5

John Ellison: 3

Richard McArthur: 3

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

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

Which Republicans broke up unanimous votes?

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

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

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

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

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

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

Which Democrats dissented from their party?

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

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

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

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

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

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

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

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

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

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

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

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

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

AB495: Mining tax compromise

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

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

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

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

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

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

AB321: Permanent expanded mail voting

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

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

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

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

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

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

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

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

AB400: Marijuana DUIs

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

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

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

SB320: Transparency on food delivery fees

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

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

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

SB166: Hate crimes

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

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

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

SB327: Hairstyle discrimination

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

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

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

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

AB195: English Language Learner bill of rights

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

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

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

SB344: Tiger King bill

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

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

SB203: Lawsuits over sexual exploitation

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

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

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

June 2, 2021 Bill Signings by Michelle Rindels on Scribd

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

Front of the Nevada Legislature building

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

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

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

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

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

Medical debt collection

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

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

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

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

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

Marijuana DUI

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

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

Removal of non-functional turf

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

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

Cage-free eggs

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

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

Hairstyle protections

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

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

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

Paid-leave for health purposes

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

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

Tiger King bill

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

Now, the bill prevents people who own a wild animal from allowing it to come into contact with the general public, including through allowing people to take a photo while holding the wild animal. 

Banning ‘ghost guns’

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

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

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

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

Those arguments failed to sway Democratic lawmakers.

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

Lowering barriers to birth control

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

Prohibiting ‘doxing’

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

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

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

Hate crime changes

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

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

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

Back on Track Act 

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

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

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

HOA debt collection

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

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

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

Marriage license fees to help domestic violence victims

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

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

Land and water conservation

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

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

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

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

Allowing college athletes to profit off their likeness

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

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

Criminal justice changes

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

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

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

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

K-12 Education

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

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

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

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

Higher education changes

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

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

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

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

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

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

Economy & Business 

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

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

Banning racist school logos or mascots

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

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

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

Pot for pets

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

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

Record sealing for pandemic summary evictions

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

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

Reporter Jacob Solis contributed to this report.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TUESDAY

Banning ‘ghost guns’

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

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

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

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

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

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

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

Housing protections

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

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

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

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

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

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

Tenant protections

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

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

Restorative justice before expulsion

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

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

Five Republicans opposed the bill.

Transparency on food delivery fees

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

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

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

Bail reform

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

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

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

HIV laws overhaul

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

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

Banning the declawing of cats

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

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

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

Allowing college athletes to profit off their likeness

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

AB254, sponsored by Assembly Speaker Jason Frierson, would prohibit the National Collegiate Athletic Association (NCAA) from preventing students from using their likeness, name or image in sponsorships or for other professional services, with certain limits on what kinds of businesses that students can contract with. It also requires the Legislative Committee of Education to conduct an interim study on the issue.

Prohibiting ‘doxing’

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

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

Lawsuits over sexual exploitation

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

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

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

Notaries charging more

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

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

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

Cage-free eggs

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

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

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

Citations, rather than arrests, for minor crimes

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

Multi-parent adoption

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

AB115, sponsored by Rochelle Nguyen (D-Las Vegas), would recognize the parental rights of stepparents and same-sex parents and would allow for children who are born to surrogate parents or who have divorced parents to have more than two names listed on a birth certificate.

Small business advocate

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

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

MONDAY

Sealing eviction records during COVID

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

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

Unemployment bill

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

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

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

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

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

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

Lowering barriers to contraception

Members of the Senate unanimously voted to approve SB190, sponsored by Senate Majority Leader Nicole Cannizzaro (D-Las Vegas). The bill would allow women to receive birth control through a pharmacy without a doctor’s visit

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

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

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

Keeping wage history private

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

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

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

Four Republican senators opposed the bill.

‘Pattern and practice’ investigations of police agencies

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

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

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

Jury trials for misdemeanor domestic violence cases

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

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

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

Mining oversight

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

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

Hairstyle discrimination

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

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

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

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

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

Paid leave for health reasons and getting vaccine

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

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

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

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

HOA debt collection

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

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

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

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

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

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

Hate crimes

Members of the Senate cast a party-line vote, 12-9, to pass SB166, a bill clarifying that a crime does not need to be committed by someone with different characteristics than the victim to be considered a hate crime.

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

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

Savings accounts for low-income Nevadans

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

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

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

Ratios of students to social workers

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

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

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

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

Statewide human trafficking plan

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

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

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

Old arguments emerge once more as lawmakers resurrect measure to pull regents from the state Constitution

In the aftermath of the narrow failure of Question 1 last year, an effort to amend the Board of Regents out of the state Constitution, legislators defended a second bite at the apple last Tuesday as they presented the near-identical SJR7. 

“[SJR7] removes the Board of Regents from the Nevada constitution, but does not substantively change any higher education policy or procedure,” Sen. Marilyn Dondero Loop (D-Las Vegas), one of SJR7’s cosponsors, said. “It simply puts the Board of Regents and the Nevada System of Higher Education, on par with every other governing board and state agency created pursuant to statute.”

Almost as soon as the dust had settled on Question 1, proponents of the change had zeroed in on a likely cause for the failure: the language was too complicated for thousands of voters to understand what they were voting on. 

“In our post-election voting and analysis of the ballot measure, it's interesting to note there is just significant — not only polling but statistical evidence — that the voters did not understand this question,” Warren Hardy, a former Republican state senator, now lobbyist, said as he testified in favor of the resolution. “A full 60,000 fewer voters voted on Question 1 than voted on Question 2. They did not understand the question, and so a lot of that blame goes to us for not being clear enough on what it was intended and what we wanted.”

As a result, gone is a provision that would have enshrined a “reasonable protection of individual academic freedom” for university employees. In its place is language that, proponents said, will provide a clearer picture to voters of precisely what changes are being proposed. 

Also included is a newly added biennial legislative audit of the higher education system, a provision driven by post-election polling conducted by the pro-Question 1 campaign, according to Hardy. 

However, the core of Question 1 remains, including an outright repeal of Section 7 of Article 11 of the Constitution — which establishes the elections and duties of the regents — and the removal of references to the regents in other sections of the Constitution. 

As a result, many of the arguments for and against the proposal have remained unchanged. 

Proponents continued to argue that the inclusion of regents in the Constitution as written is an outdated and archaic quirk of the document’s drafting that has only served to create an accidental “fourth branch of government.” As a consequence, they argued, the regents have historically used that status as a legal shield from Legislative oversight, and the enshrinement of the board in statute rather than in the Constitution would provide greater mechanisms for accountability. 

Opponents, namely members of the Board of Regents, have argued that the measure does little to address higher education policy issues, with Regents Chair Mark Doubrava testifying Tuesday that SJR7 amounted to a “significant distraction from our core mission.”

And though Doubrava and other opponents have given deference to the Legislature’s ability to raise the issue so soon after its failure, they have still seized on the timing of SJR7 as a rejection of the will of the people.

“The constitutional amendments presented by Question 1 sought to change 156 years of Nevada history,” Doubrava said. “People in Nevada rejected those changes. This occurred only four months ago. Our democracy mandates that the collective wisdom of the voters be respected.”

Proponents have countered that the extremely narrow margin — just .3 percentage points, or 3,877 votes — has suggested that voters could just have easily passed the measure in a non-pandemic electoral environment. 

In either case, it will be years before the measure returns to the ballot, if at all. As a constitutional amendment, SJR7 must be passed by the Legislature this session (it passed out of its first committee on Thursday) and the next before it could head to voters in 2024.

Behind the Bar: Cannizzaro on opening the building, Question 1 redux, another effort to limit emergency governor powers, Senate GOP education plan

Behind the Bar is The Nevada Independent’s newsletter devoted to comprehensive and accessible coverage of the 2021 Legislature. 

In this edition: Senate Majority Leader Nicole Cannizzaro on when the building will open and the back half of the session. Plus, Assemblywoman Annie Black takes the campaign to open the building to mayors, more details on the push to revive 2020’s Question 1, a breakdown of the Senate Republican education-focused bills, and Assembly Minority Leader Robin Titus on her bill limiting gubernatorial powers.

Check this link to manage your newsletter subscriptions. This newsletter is published on Mondays and Thursdays.

I want to hear from you! Questions, comments, observations, jokes, what you think we should be covering or paying attention to. Email me at rsnyder@thenvindy.com.


Thursday will mark the halfway point (60th day) of the 81st regular legislative session.

It’s usually around this time that the anemic pace of the session finally picks up. Nowhere is this more apparent in both houses holding Friday floor sessions and even some committees meeting on Friday afternoon (a rarity for the first month or two of the session).

To get a sense of what to expect over the next 60 days, I sat down with Senate Majority Leader Nicole Cannizzaro on Friday. Here are a few highlights from that conversation:

Opening the building: Cannizzaro said there’s been “some very good progress” made on the goal of vaccinating staff ahead of opening the Legislative Building to lobbyists and the public. Democratic legislative leaders said several weeks ago that the tentative goal was a mid-April opening — Cannizzaro said on Friday that an opening date was looking likely for early April, but didn’t give an exact date.

She said many of the logistics of opening the building were still being worked on, but could include a registration system for individuals to come into the building and potentially limiting the number of people inside the building, while still following all other COVID-19 safety guidelines.

“The last thing we want is to have a superspreader event, or some kind of outbreak in the building,” she said.

She also said it was likely that committee meetings would return to being in-person (rather than over videoconferencing) — something she said would make a “huge difference in our ability to ask questions and to be able to talk with one another.”

Deadline days: Both the Senate and Assembly suspended bill introduction deadlines over the last two weeks, with legislative leaders saying it was a necessary step to allow legal drafters enough time to turn pending bill draft requests into actual bills.

Cannizzaro said she didn’t anticipate delaying or suspending any additional deadlines for first committee passage (April 9) or first house passage (April 20), saying that any additional delays would probably make it too difficult to finish the session on time and complete the budget process.

“Extending them out makes it very difficult for us to finish our work in 120 days, so we're going to do our best to stay on track and I'm very hopeful we're going to do that,” she said.

Taxes: Cannizzaro refused to close the door on any of the three proposed constitutional amendments changing the mining tax rate that were passed during the 2020 special session. She said that a hearing on any of the three would likely come later in the session, but also refused to rule out the possibility that lawmakers could pass two or more of the resolutions to head to the 2022 ballot.

“I think we owe it to the people of Nevada to continue to have those conversations so all three resolutions are very much still here, still have been introduced, still are assigned to committees, and we're trying to do our best to make sure that we can vet those, and also look at any other solutions that may come up to ensure that we're properly funding things here in the state,” she said.

Cannizzaro also said she hasn’t consulted with Legislative Counsel Bureau attorneys on whether or not the Clark County Education Association can withdraw its initiatives raising the sales and gaming tax rates, but that the “understanding is that they’re going to the ballot.”

Federal aid: Lawmakers are still waiting for U.S. Treasury guidance as to how they can use the state and local aid dollars coming into the state from the recently passed federal $1.9 trillion COVID relief bill. Nevada is in line to receive roughly $4 billion from the legislation, but state lawmakers face a time crunch — budget closings start this week, and guidance on how to use the incoming federal dollars could come late in the session.

Cannizzaro said the likely priority was to immediately restore any of the cuts made during the 2020 special session, but that a special session might be necessary depending on when Treasury guidance is issued to the state.

“I think it's always a possibility because some of this does depend on timing,” she said. “So it's always a possibility.”

— Riley Snyder


Titus backs bill to limit governor’s power, give counties more say in public health emergencies

It’s been more than a year since Gov. Steve Sisolak issued a formal state of emergency declaration over the COVID-19 pandemic in Nevada.

But the state’s ongoing state of emergency and related COVID-19 safety protocols have irked legislative Republicans, many who say putting limits on gubernatorial power during emergencies is a top priority in the 2021 session.

The latest of those proposals is AB373 — a bill by Assembly Minority Leader Robin Titus that would set a 15-day expiration limit on any governor-declared state of emergency, requiring explicit legislative approval to continue.

It would also authorize county commissions to “evaluate” emergency orders made by the governor related to public health, and to issue orders that are less stringent than those put forward by the governor. Several rural counties in late January passed resolutions opting to not follow state COVID guidelines.

Titus — who is a licensed physician and Lyon County public health officer — said she was “absolutely” supportive of the governor’s ability to declare an emergency in cases of natural disaster, and initial decision to shut down the state last March. But she said lawmakers should have had more of a say over the past year in Sisolak’s policy responses to the pandemic.

“I would submit to you that when you're operating on emergency conditions, it doesn't matter who's in power, it all matters what the process is,” she said. “And that's one of the things that I'm really pushing, is that it doesn't matter who the governor is or what party they belong to. I can tell you that the leadership in this building all support the governor, but they had all hoped that they would have been involved more.”

Even though Nevada has a part-time Legislature, Titus said she believed that lawmakers in a true emergency could “rally the troops pretty darn quick.” Asked when she thought the current “state of emergency” had ended, she said that it should have at least been re-assessed within 15 days after the initial declaration in March 2020 after officials had learned more about the virus itself.

“They've done good studies on kids exposed to germs,” she said. “They're actually healthier, right? In the long run, they build up their immunities, and so at some point, we need to build up some immunity to this stuff.”

— Riley Snyder


In SJR7, a second bite at the apple in bid to pull regents from the Constitution

Less than 5 months after Question 1 — a proposed amendment that would have removed the Board of Regents from the Nevada Constitution — failed at the ballot box, legislators have resurrected the idea once more with the introduction of SJR7

Identical to the 2017 measure that spawned Question 1, this new resolution — sponsored by Sen. Marilyn Dondero Loop (D-Las Vegas) and co-sponsored by Assemblyman Tom Roberts (R-Las Vegas) — would seek to remove the Board of Regents, which governs higher education in Nevada, out of the Constitution in a bid to expand legislative accountability mechanisms over the board. 

Lawmakers have argued since the introduction of the original measure, AJR5, four years ago that such a change is necessary, in part because regents and system administrators have historically used their enshrinement in the Constitution as a legal shield for bad behavior

But critics of Question 1 — especially those on the Board of Regents — have argued that lawmakers already maintain accountability through the use of their budgeting authority, and that the measure may open the door to much broader changes, including the appointment, rather than election, of regents. 

Roberts told The Nevada Independent this month that he “felt it was important to give it another shot,” pointing to the narrowness of the loss in November — Question 1 failed by just 0.3 percentage points or about 3,800 votes — and a strong showing of support from Clark County voters.  

“I just think that people threw it out there, and folks didn’t quite understand exactly what it was doing,” Roberts said. “I think people believed that you were taking away the regents from the process, which you really weren’t, you’re just removing them from the Constitution.” 

Just after Question 1’s defeat, proponents of the measure blamed the loss largely on the complexity of the subject involved and the relative obscurity of the regents among elected bodies in Nevada, all coupled with unusually limited advertising budgets that had been stymied by the pandemic. 

Former Democratic Assemblyman Elliot Anderson, who helped author the original 2017 measure, said at the time that given more money for educational advertising, Question 1 could have just as easily been approved by voters. 

But critics of Question 1 have otherwise remained skeptical of the new push. That includes Regent Jason Geddes, who said that, though it remains within the Legislature’s purview to pursue a bill like SJR7, it still comes “too soon” after defeat at the hands of Nevada voters. 

“We just had a vote and the voters said no,” Geddes said. 

If passed by lawmakers this session, SJR7 would represent only the first step in the years-long amendment process. It would still need to be approved by legislators again in 2023 and by voters in 2024 before taking effect. 

Jacob Solis & Michelle Rindels


Outrage over police reform bill presentation

Republican lawmakers and law enforcement representatives expressed outrage over data presented in support of a Democratic police reform bill (SB212) — citing concerns during a Thursday hearing that the data was flawed and painted Nevada police in a negative light.

The main point of contention came from a statistic in the bill presentation that lists Reno, out of the 100 largest city police departments in the country, as the city with the highest rate of police killings of black men since 2013 — although Reno is one of the smallest cities in the top 100. Further data indicates that Reno police have killed three Black men in the past eight years, all of whom were gunshot victims.

That data came from Mapping Police Violence, an organization headed by activists DeRay McKesson and Samuel Sinyangwe with the stated goal of providing greater transparency and accountability to end police violence.

“This was an incredibly one-sided, loaded presentation,” Sen. Ira Hansen (R-Sparks) said during the hearing. “And the fact that our law enforcement community is going to be limited to two minutes to rebut some of these charges, I think is outrageous.”

Eric Spratley, executive director of the Nevada Sheriffs’ and Chiefs’ Association, said the data presented uses a flawed methodology because it also includes killings by off-duty officers, while others in the meeting provided data that framed police violence through a different lens.

“Since 2016, we have had one officer-involved shooting, involving the Reno Police Department, in which a Black male has been killed,” said Calli Wilsey, a senior management analyst for the city of Reno. “The data presented today is a misleading representation of what is actually happening in our community.”

Wilsey only noted officer-involved shootings, which differs from the data from Mapping Police Violence that includes deaths “as a result of being shot, beaten, restrained, intentionally hit by a police vehicle, pepper sprayed, tasered, or otherwise harmed by police officers.”

The bill’s sponsor, Sen. Dallas Harris (D-Las Vegas), said that the reform measures she is proposing — including limits on use of force and a requirement to use de-escalation techniques when safe — are not intended to be accusatory, but are about codifying best police practices into statute.

And though people on all sides of the bill said that the measure still needs more work, several law enforcement agencies, including Las Vegas Metropolitan Police Department and the Washoe County Sheriff’s Office, testified in support, noting that they already practice many of the policies in the bill, such as de-escalation tactics. Multiple police unions testified in opposition to the bill, including the Las Vegas and Reno Police Protective Associations.

— Sean Golonka


Black asks mayors for support in push to open legislative building

Assemblywoman Annie Black (R-Mesquite) is rallying local elected officials to push for a hearing on a resolution to terminate Gov. Steve Sisolak’s COVID-19 emergency declaration, according to an email and proposed letter obtained by The Nevada Independent.

In an email to local elected officials last week, Black circulated a proposed sign-on letter addressed to Assemblywoman Brittney Miller (D-Las Vegas), who chairs the Assembly Committee on Legislative Operations and Elections. The letter asks Miller to hold a hearing on ACR2. 

“While our signatures should not be construed as either favoring or opposing the action called for in the bill, we believe it proper for the Legislature to at least hold a discussion and debate on this important issue,” the proposed letter said. 

“The people of Nevada we represent, whose lives and livelihoods have been harmed by the imposition of Gov. Sisolak’s emergency directives, deserve to have their voices heard. A public hearing on ACR2 will give them that opportunity.”

Miller said the committee is waiting for bill introductions to see what they can schedule in committee. 

— Daniel Rothberg


Republican lawmakers introduce plan to complement Democratic education bill

Sens. Heidi Seevers Gansert (R-Reno) and Ben Kieckhefer (R-Reno) are sponsoring four education-related bills — which they refer to collectively as the “Nevada Education Recovery Plan” — to help Nevada students recover from any learning loss experienced during the COVID-19 pandemic.

On Wednesday, Gansert presented the first bill in the plan, SB272, which would establish a corps of tutors to provide greater access to tutoring for public school students across the state. The corps would be composed of retired teachers, currently licensed teachers and college students with at least 30 credit hours and a special license to teach.

“We don't have enough teachers, we have learning losses, we were making some gains, but we're no longer making those gains. So what can we do about that?” Gansert said during the hearing. “So we came up with the Nevada Educator Corps.”

Gansert also said that her and Kieckhefer’s proposals would complement a bill (SB173) from Democratic lawmakers dubbed the “Back on Track Act” — a measure that would allocate federal funds towards creating learning loss prevention plans and setting up summer school programs.

The other bills in the plan include:

  • SB273 - A bill from Gansert aimed at protecting literacy programs in elementary schools by keeping Read by Grade 3 money in a separate account and requiring specific accountability for it. In 2019, Nevada fourth graders were approaching the national average for reading proficiency, and during the hearing, Gansert emphasized the importance of continuing to improve learning outcomes among Nevada students.
  • SB312 - This Kieckhefer bill would allocate federal COVID-19 relief funds towards the enrollment of at least 500 children in prekindergarten education programs in the 2021-2022 and 2022-2023 school years.
  • SB316 - Kieckhefer’s second bill in the plan would address the other end of the education spectrum by allocating federal relief funds towards a pilot program for high school seniors who were unable to graduate in four years and need an additional year of school to complete their graduation requirements.

— Sean Golonka


Upcoming Bills of Note:

Here’s what to watch this week in the Legislature:

Monday, 8 a.m.: The Assembly Judiciary Committee will review AB400, a bill that removes “per se” limits on marijuana intoxication from state law. Critics say the state’s current way of determining a marijuana DUI, based on levels of metabolites in the blood, could ensnare people who consumed days ago but are no longer high. 

Monday, 1 p.m. : The Senate Judiciary Committee is discussing SB258, a bill from Sen. Melanie Scheible (D-Las Vegas) that requires the Nevada Department of Corrections adopt standards for housing, security, medical and mental health care for transgender and non-binary inmates, and provide cultural competency training for correctional staff.

Monday, 3:30 p.m.: The Senate Growth and Infrastructure Committee will vet SB387, a bill from Sen. Dallas Harris (D-Las Vegas) that requires the Public Utilities Commission to set rate caps on phone call services provided within jails and prisons.

Monday, 6 p.m.: Members of the Assembly Commerce and Labor Committee have scheduled a hearing on AB221, a bill that would create a “right to repair” for digital equipment — such as a cell phone, tablet, computer, camera or gaming device — under $5,000. In general, it’d require the manufacturer of such a device to make documentation, part or tool needed to repair an electronic device available to the device owner or an independent repair provider.

Tuesday, 8 a.m.: Food delivery services such as DoorDash, Uber Eats or GrubHub would have to be more transparent on pricing and face limits on surcharges during the COVID-19 pandemic under SB320, a bill by Sen. Dina Neal (D-Las Vegas) up for a hearing in the Senate Commerce and Labor committee. It’d also require those providers enter into written agreements with food establishments before agreeing to deliver their food.

Tuesday, 1 p.m.: Members of the Assembly Education Committee will hear AB255, which would transition elected school boards in Clark and Washoe counties to a partially appointed, partially elected system.

Wednesday, 1 p.m.: The Senate Judiciary Committee will hear details of SB236, a bill that would require law enforcement agencies in the state establish warning systems to identify officers that display “bias indicators,” would mandate most police officers to at least have at least an associate’s agree or two years of military service and would put limits on use of qualified immunity (a legal principle that shields police from civil lawsuits unless in cases where they violate a clearly established statutory or constitutional right.)

Thursday, 3 p.m.: Members of Assembly Legislative Operations and Elections Committee plan to hold a hearing on AB321, the bill from Assembly Speaker Jason Frierson that would make the expanded mail ballot system used for the 2020 election a permanent feature.

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

What we’re reading

The latest in Megan Messerly’s “What Happened Here” series explores tensions over what level of government should take responsibility for the pandemic response.

The land where the University of Nevada, Reno now sits was part of the area that Washoe and Paiute peoples lived before white settlers arrived in Nevada. Now, Nevada lawmakers want to waive tuition charges for citizens of the state’s 27 tribes in an act Native activists say is a step toward righting a historic wrong, Jazmin Orozco Rodriguez reports.

Humberto Sanchez’s D.C. Download is always a must-read and looks at gun control, voting rights and immigration reform work in Washington.

About 12 percent of Nevada inmates are kept in solitary confinement at any one time. Lawmakers want to put more limits on the practice and are demanding more transparency, Michelle Rindels reports.

The pandemic drove a roughly 10 percent increase in the number of Nevada households homeschooling their children, Jackie Valley reports.

This sums up the response from landlords opposing Sen. Julia Ratti’s bill giving more rights to tenants, Michelle Rindels reports.

Protesters are out in front of the legislative building on weekends again. The group this weekend was there to oppose a “ghost gun” bill and the COVID vaccine, as well as cheer on Trump for 2024. Story and photos by the Sun’s Ricardo Torres-Cortez.

More on the bill to require single-stall bathrooms be gender neutral (Las Vegas Review Journal).

A touching piece on just how important multi-parent adoption can be (Las Vegas Sun).

The couple who owned the Nevada Appeal in the mid-1800s had a lengthy, witty courtship via letters before marrying and settling in Carson City. UNR needs volunteers to transcribe the handwritten dossier. Via Jessica Garcia.

World War Weed II? (Nevada Current)

Is this the year Nevada abolishes the death penalty? (Nevada Current)

In a totally “coincidental” step, the Clark County district attorney’s office is now seeking the death penalty against Zane Floyd, who was convicted of killing four people inside a Las Vegas grocery store 22 years ago. (Las Vegas Review-Journal)

UPCOMING DEADLINES

Start closing budgets: 1 (Tuesday, March 30, 2021)

First Committee Passage: 11 (Friday, April 9, 2021)

Days Until Sine Die: 63 (May 31, 2021)

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

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

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

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

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

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

Elections

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

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

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

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

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

Transportation

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

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

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

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

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

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

Education

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

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

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

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

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

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

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

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

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

Economy & Business

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

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

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

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

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

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

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

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

Immigration

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

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

Health care

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

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

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

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

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

Housing

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

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

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

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

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

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

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

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

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

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

Follow the Money: Breaking down $1.7 million in legislative campaign spending from PACs, political groups and politicians

The Legislature on Sunday, Aug. 2, 2020 during the third day of the 32nd Special Session in Carson City.

Of more than $10.6 million spent on Nevada legislative races in the 2020 cycle, no single group of donors, corporate or otherwise, spent more money than candidates, politicians and political PACs, which combined for more than $1.7 million spread across 61 of the state’s 63 lawmakers.  

That represents an uptick compared to 2018, when the same group of donors gave less than $1.4 million in the aggregate. 

Of these donors, dozens of candidate campaign committees — i.e. the formal fundraising accounts for each individual campaign — combined to be by far the largest single chunk with more than $931,000 contributed. They were followed by political groups and related PACs ($556,000), candidate-linked PACs ($117,500) and loans from candidates to their own campaigns ($113,366).

Broadly speaking, these contributions came in smaller chunks, and no single donor spent more than five figures in combined contributions. And, though the sum of these contributions has increased overall, many individual donors — especially issue-related or politically affiliated PACs — contributed less money than they did in 2018. 

In order to assess broad trends in campaign spending, The Nevada Independent categorized and analyzed more than 7,700 individual contributions of more than $200 made to sitting lawmakers in 2019 and 2020. 

These contributions capture nearly all campaign spending through that period, and more broadly show to whom the largest contributions flowed and how much they were worth overall. 

The data in this story show only part of the broader whole: 978 contributions from 271 unique donors fell under the umbrella of candidate or political PAC contributions. 

There are, however, two legislators not captured in these numbers, both appointed to their seats after the election and after a freeze on legislative contributions. They are Sen. Fabian Donate (D-Las Vegas), who replaced former Sen. Yvanna Cancela following her appointment to a post in the federal Department of Health and Human Services; and Assemblywoman Tracy Brown-May (D-Las Vegas), who replaced former Assemblyman Alexander Assefa after he resigned amid a criminal probe into the misuse of campaign funds and a residency issue. 

No single lawmaker raised nearly as much as Senate Majority Leader Nicole Cannizzaro (D-Las Vegas), who brought in more than $215,000 from 45 contributors for her highly competitive re-election bid last year. 

Almost half of that money — an even $100,000 — came from just 10 donors giving Cannizzaro the maximum of $10,000 allowed by state campaign finance law. Four of those max-donors — Assembly Speaker Jason Frierson (D-Las Vegas), Sen. Roberta Lange (D-Las Vegas), Sen. Marilyn Dondero Loop (D-Las Vegas) and Sen. Dallas Harris (D-Las Vegas) — were fellow legislative Democrats, while the rest came from former U.S. Senate Majority Leader Harry Reid, the Democratic Legislative Campaign Committee and three more politician-related PACs. 

Those PACs include Gov. Steve Sisolak’s Sandstone PAC, Sen. Jacky Rosen’s Smart Solutions PAC and Sen. Catherine Cortez Masto’s All for Our Country Leadership PAC.

Rounding out the list of top fundraisers are a number of other lawmakers who found themselves in extremely competitive — and consequently extremely expensive — elections. That includes Sen. Heidi Gansert (R-Reno), who raised $147,450; Assemblywoman Heidi Kasama, who raised $147,138, including roughly $119,000 in candidate loans; Sen. Carrie Buck, who raised $130,800; and Sen. Roberta Lange, who raised $113,650. 

All of those top fundraisers received a mix of PAC and campaign committee funds, though only one, Kasama, saw a massive fundraising boost from the addition of candidate loans made to her campaign. For the purposes of this analysis, those loans do not formally make Kasama a “contributor” like other major donors listed below, but still represent a massive influx of campaign cash relative to other campaign contributions. 

The near-$119,000 Kasama loaned her own campaign was so much that, if counted with other donors, it would make her the 10th largest legislative contributor in the entire election, sandwiched between the Southern Nevada Home Builders Association PAC ($119,000) and the public workers’ union AFSCME ($114,500). 

Unlike industry-related spending, contributions made from candidates, candidate PACs or political groups were largely diffuse, with no single donor giving more than five-figures (excluding Kasama’s candidate loans, which do not share the same fundraising role as other contributors listed here). 

Those top donors otherwise include a mix of politicians and issue-focused groups, including Assembly Speaker Jason Frierson with $68,000 contributed; the Humane Society-linked Humane Nevada PAC with $60,500; the Keystone Corporation, a Nevada-based conservative group, with $50,000; and the pro-Democratic Party, pro-abortion rights and pro-women candidates group EMILY’s List with $48,300. 

Below is a breakdown of spending from those top-donors. 

With generally little risk of an election loss in a deep blue district — Frierson has won each of his last three elections by between 16 and 20 percentage points — a non-trivial portion of the speaker’s sizable campaign warchest has, cycle by cycle, trickled down to a number of his fellow Democratic lawmakers. 

In 2020, that included contributions to 10 assembly colleagues and fellow legislative leader Cannizzaro, who received the maximum $10,000 from Frierson’s campaign. 

Other lawmakers receiving that maximum include incumbent Assemblywomen Michelle Gorelow (D-Las Vegas) and Lesley Cohen (D-Henderson), as well as legislative newcomer Elaine Marzola (D-Henderson), with the remaining recipients all receiving $5,000 or less.    

A pro-animal rights PAC linked to the Humane Society, Humane Nevada PAC was unique among top politically affiliated PACs in its contributions to members of both parties. The group gave $60,500 spread across 33 lawmakers last cycle, with $45,500 going to 21 Democrats, and the remaining $15,000 going to 12 Republicans.  

A new PAC to the 2020 cycle — it was created in 2018 but did not spend any money until last year — Humane Nevada’s contributions were also generally small, rarely exceeding a few thousand dollars. Among its recipients, no legislator received the maximum contribution amount and only two — Cannizzaro ($7,500) and Frierson ($5,000) received more than $3,500. 

A Nevada-based non-profit corporation organized in the 1990s around advocating for conservative policy, the Keystone Corporation has since served as a reliable donor for state Republicans. 

In 2020, that amounted to $50,000 spread across 20 Republican lawmakers, all but five members of the Legislature’s Republican caucus. And, as with a number of other major donors, Keystone’s biggest contributions flowed to some of the most competitive races. 

The two biggest recipients were Sen. Carrie Buck (R-Las Vegas) and Assemblyman Andy Matthews (R-Las Vegas), who each received the $10,000 maximum. Four Republicans — Sen. Scott Hammond (R-Las Vegas), Assemblyman Richard McArthur (R-Las Vegas), Assemblywoman Jill Dickman (R-Sparks) and Sen. Heidi Seevers Gansert (R-Reno) — received $5,000, while the remaining 14 received $2,000 or less.     

A national group prioritizing the election of Democratic, pro-abortion women candidates, EMILY’s List is routinely among the top politically affiliated PAC donors in each Nevada election cycle. In 2020, those donations — split across both EMILY’s List and the EMILY’s List NF Fund PAC — amounted to $48,300 across just 10 legislators, all women and all Democrats. 

The four biggest recipients were Cohen ($11,500), Marzola ($10,000), Cannizzaro ($9,900) and Gorelow ($9,900), with the remaining six receiving just $1,500 or less. 

Still, that amount is roughly 37 percent less than EMILY’s list spent in Nevada in 2018, when its $77,000 total made it the spendiest single political group of the entire cycle.   

As part of our Follow the Money series The Nevada Independent will be publishing deep dives over the coming weeks into the industries that dominated legislative campaign spending in the 2020 campaign cycle. To see previous installments, follow the links below: 

Tim Lenard, Riley Snyder and Sean Golonka contributed to this report.