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.

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

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

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

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

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

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

SB452: Prohibiting guns on casino properties

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

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

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

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

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

AB387: Midwifery licensure board 

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

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

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

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

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

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

SB437: Increased fees for justice court actions

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

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

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

AB161: Study on summary evictions

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

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

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

SB187: Limits on solitary confinement 

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

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

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

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

SB139: Prohibiting insurance companies from denying treatment for gender dysphoria

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

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

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

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

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

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

SB235: Additional marijuana licenses for unsuccessful applicants

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

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

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

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

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

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

AB382: Regulating student loan servicers

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

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

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

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

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

SB462: Republican-backed effort to change redistricting commission

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

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

Increasing awareness of mental health services

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

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

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

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

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

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

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

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

$15 million earmarks on American Rescue Plan funds

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

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

— Michelle Rindels

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

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

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

— Riley Snyder

Closing ‘classic car’ loophole

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

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

— Riley Snyder

Permanent expanded mail voting and ballot initiative withdrawals

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

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

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

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

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

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

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

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

— Riley Snyder

Authorizing cannabis consumption lounges

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

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

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

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

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

— Michelle Rindels

Taxing and regulating short-term rentals

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

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

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

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

— Michelle Rindels

Bill removing citizenship requirement for higher education scholarships revived

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

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

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

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

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

It also addresses other higher education inequities by:

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

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

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

— Tabitha Mueller

Deportation defense funds

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

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

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

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

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

— Michelle Rindels

Transmission build-out, electric vehicle charging infrastructure bill passes

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

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

The measure previously passed unanimously out of the Senate. 

— Riley Snyder

Minimum energy efficiency levels for appliances

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

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

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

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

— Tabitha Mueller

Overhauling interim legislative structure

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

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

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

— Riley Snyder

Fifth time’s the charm to decriminalize traffic tickets 

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

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

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

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

— Jannelle Calderon

Nevada joins and leapfrogs primary states

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

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

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

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

— Jannelle Calderon

Allocating federal COVID aid

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

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

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

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

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

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

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

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

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

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

— Michelle Rindels

DMV repayment

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

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

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

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

— Michelle Rindels

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

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

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

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

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

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

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

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

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

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

— Riley Snyder

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

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

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

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

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

Physician aid in dying legislation will not advance

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

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

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

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

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

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

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

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

— Tabitha Mueller

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

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

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

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

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

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

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

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

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

— Howard Stutz

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

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

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

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

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

— Tabitha Mueller

Gender-neutral bathrooms bill gets messy

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

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

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

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

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

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

— Michelle Rindels

$1 million to Immunize Nevada in AB355

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

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

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

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

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

— Michelle Rindels

Mixed signals from governor, election considerations blamed for failure of death penalty repeal effort

After more than 20 years of trying to ban the state’s death penalty, and following former death penalty stronghold Virginia's repeal of capital punishment in mid-March, activists hoped that the 2021 legislative session would finally be the time for Nevada to end capital punishment. 

But in spite of the state's Democratic trifecta, those efforts culminated in one of the biggest heartbreaks of the session for criminal justice reform advocates when the bill was spiked by Gov. Steve Sisolak and legislative Democratic leaders earlier this month. 

Though no one has been executed in the state since 2006, the Clark County district attorney's office is now pushing for the execution of Zane Floyd, who was convicted of killing four people inside a Las Vegas grocery store two decades ago. Advocates said the move made passing a repeal even more urgent this session.

So why did repeal fail?

No single cause of death is named on the legislative coroner's report, but interviews with involved parties suggest a combination of factors — ranging from personal belief, mixed gubernatorial signals, potential election-related considerations and the fact that the two senators responsible for hearing the bill work for the Clark County district attorney — helped kill the measure and keep Nevada as one of 24 states with the death penalty.

The entire debate takes place against the backdrop of a state still closely divided in party registration, with some top senators — including Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) — winning election by a single percentage point. Republicans flipped several legislative seats in the 2020 election, and Gov. Steve Sisolak’s expected re-election challenger in 2022 is Clark County Sheriff Joe Lombardo — a candidate likely to highlight a message of law and order. 

Those political dynamics make public opinion a key consideration, but the data has been somewhat inconclusive. A 2017 poll commissioned by The Nevada Independent indicated that most Nevadans support the death penalty, but advocates have long questioned whether the solid tilt toward capital punishment had to do with the way the poll question was phrased.

Anti-death penalty activists commissioned a new survey released earlier this year that showed much closer results — and even a slight lean toward abolition — when questions were phrased differently.

Past legislative sessions have often seen a small group of progressive Democrats introduce capital punishment repeal bills, but the measures never advanced far, with leadership hesitant to push a politically dicey issue through the process in the face of a likely veto. In 2017, Gov. Brian Sandoval signaled opposition to a repeal bill, and after getting one committee hearing it was never brought up for a vote.

So, when Assembly members this session voted on party lines to abolish the death penalty, with Republicans opposed, activists celebrated the measure’s move out of committee to a floor vote, the furthest the concept had ever traveled in the Legislative Building. They said the bill was essential to doing away with an "eye for an eye" mentality and a practice they say does not help hurting families move on from violence, disproportionately affects people of color and is an expensive endeavor that could lead to killing innocent people.

Opponents, including Clark County District Attorney Steve Wolfson and individuals who have lost loved ones to violence, however, pushed back against the repeal, saying the death penalty is necessary as a prosecutorial tool and should be an option for individuals who committed atrocities such as the October 1 shooting. 

“There are differences between perpetrators and crimes,” Wolfson told the Las Vegas Review-Journal in April. “I strongly believe that the death penalty should be reserved for the very rare and extreme circumstances. … The solution is to engage and refine the law, not abandon an option the voters support.”

During a hearing on the measure in late March, lawmakers also heard from Jennifer Otremba, who described the murder of her 15-year-old daughter Alyssa in 2011 near her Las Vegas home. Javier Righetti, who was 19 at the time of the killing, received a death sentence in 2017.

"He did not consider Alyssa’s life. Why should his life be considered?,” Otremba said. “I waited five and a half years for justice for my daughter, and if I have to continue to fight politicians for the rest of my life to ensure that justice is served, then I will do that."

The measure had faced an uncertain future in the Democrat-controlled Senate — which is helmed by Cannizzaro, a prosecuting attorney for the Clark County district attorney. Cannizzaro was repeatedly noncommittal when asked whether she would allow the bill to get a hearing if it passed the Assembly, including in a Nevada Independent forum ahead of the session in January, and maintained that noncommittal stance for months.

Senate Judiciary Committee Chairwoman Melanie Scheible (D-Las Vegas), a fellow prosecutor in the district attorney’s office and the key gatekeeper on the decision to give the bill a hearing, had appeared willing to give the bill a chance. Prior to the session, she had indicated her support for efforts to abolish the death penalty, and said just two weeks before the bill died that she would be willing to hear it if an amendment was brought forward addressing the concerns expressed by Sisolak.

During a brief interview with The Nevada Independent on Thursday, Scheible said she would have considered an amendment with a broad base of support, but that nothing came to fruition. 

Schedules are constantly moving, she said, adding that she tries to make sure there is always time to hear a bill, but "it takes a lot of people in this government to make such a sweeping change and so without full consensus, we weren't able to."

Scott Coffee, a public defender, said a proposed amendment that had been drafted but never released publicly tracked closely with what the governor said was palatable — making exceptions for mass shootings and terrorism. The organization Gun Violence Archive has set a definition of mass shooting as four people shot but not necessarily killed in a single event.

That’s partly why an abrupt announcement — memorialized in a series of synchronized press releases from the governor and legislative leaders — that Nevada leaders were scrapping the bill came as a shock to those working on the cause. 

Holly Welborn with the Nevada ACLU speaks during the "Protest & Vigil for Death Penalty Abolition" hosted by the Nevada Coalition Against the Death Penalty, in front of the Legislative Building on May 17, 2021. (Joey Lovato/The Nevada Independent)

Branden Cunningham and Mark Bettencourt, leaders of the Nevada Coalition Against the Death Penalty, told The Nevada Independent that there were ongoing conversations surrounding an amendment to the bill prior to its demise. 

"From everything we heard, [Scheible] was willing to work and hear the bill," Cunningham said. "We had heard that she had set time aside to hear the bill … the calendar was open … and instead of a hearing we got the three statements that came out."

Coffee said the press releases announcing that the bill would not advance were a surprise to him. Up to that point, advocates were actively working on the issue, hoping to connect lawmakers with the pollster commissioned by the coalition to assuage concerns.

"I have to believe the concern was over losing Senate seats," Coffee said. "There's always another election. There's always another excuse."

He said he wishes the governor would have shown more initiative on the matter but ultimately blamed senators for not hearing the bill.

“The Senate got accommodated on everything they asked for,” Coffee said. “It's laughable to talk about how good we did on criminal justice reform when we can't get a vote on a platform issue.”

Shortly after the announcement that the bill was dead, Cannizzaro defended the progress the Legislature had made on bail reform and police use of force, challenging people who say the Legislature was not doing enough. Asked whether she was personally in favor of a bill with a carveout for crimes such as mass shootings, Cannizzaro demurred.

“I don't think that I am opposed to having conversations on this topic. That has been happening,” Cannizzaro said. “Obviously Chair Yeager worked to try to come up with some compromise, and we're just not going to be able to get there.”

Though she supports the abolition of the death penalty, Scheible said the decision to not hear the bill was part of a broader discussion.

"I do work in a team and part of my job as the chair of a committee is to ensure that I am making good policy decisions, not pushing my own personal agenda," she said. "Sometimes I get to do the things that I personally want, sometimes I do the things that we need as a state, the things that my body supports, that our coalition supports, and so it's a group effort."

That group effort started and ended with Sisolak, the state’s first Democratic governor in two decades after his election in 2018, but who also was chair of the Clark County Commission when the worst mass shooting in American history took place in his jurisdiction. Sisolak was at the forefront of the response to the 1 October massacre and has talked about the effect the incident had on him personally and on his views of capital punishment during his 2018 campaign and beyond.

Sisolak had previously affirmed without qualification that he opposed the death penalty, but he never formally endorsed the legislation. Asked about the bill as the session progressed, Sisolak stuck tightly to talking points — even reading from a prepared statement when asked an impromptu question about the Assembly passing the bill — to emphasize that he opposed capital punishment but believed the measure is necessary for specific situations, such as mass shootings.

Sisolak’s hesitation over the legislation was likely heightened by the coming entrance of Lombardo into the 2022 governor’s race, where Democrats — with Joe Biden in the White House — are generally expected to suffer some midterm losses. Republicans in state and nationwide have used a pro-police campaign message in recent election cycles, so a death penalty repeal may have added more fuel to that campaign fire.

Past governors — such as Brian Sandoval in 2015 and Kenny Guinn in 2003 — opted to wait until their second term in office, post-midterms, to tackle high-profile policy goals.

A protester holds a candle in front of the Legislative Building during the "Protest & Vigil for Death Penalty Abolition" hosted by the Nevada Coalition Against the Death Penalty on May 17, 2021. (Joey Lovato/The Nevada Independent)

Activists and advocates criticized lawmakers for not giving the bill a public hearing, though, calling the decision "undemocratic" during a protest and vigil last Monday.

"You have to answer to the people," Leslie Turner with the Mass Liberation Project said during the protest. "It doesn't make sense that the death penalty bill is dead now, with no explanation, no checking in with the community."

Cunningham said those pushing for the abolition of the death penalty spoke with various senators and that it seemed as though most of them were open to considering the legislation.

At least one Republican lawmaker was a likely supporter of the bill — Sen. Scott Hammond (R-Las Vegas).

"Generally I'm in favor of repealing it," he said in an interview on Tuesday. "I think it makes a lot of fiscal sense, I think it makes a lot of moral sense."

Though she was disappointed and frustrated by the death of the bill, Monique Normand, an anti-death penalty activist whose uncle was murdered in 2017, told reporters after the vigil and protest that the death penalty would not have brought her uncle back and the fight is far from over.

“People's lives are on the line,” she said. “We do have to hold [lawmakers] accountable and we can't just let them get away with, ‘you're gonna vote for us.’ No, we don't have to vote for anyone, we can withhold our votes, our votes matter. Our lives matter.”

Opponents of the death penalty turn up the heat as abolition bill's future remains murky

Senate chambers

Legislative leaders and Gov. Steve Sisolak are staying noncommittal on the future of a measure to repeal capital punishment in the state, even as a major legislative deadline approaches and advocates for abolition continue to turn up the pressure.

Friday marks the deadline for bills to pass out of their second house committee, and many criminal justice reform advocates say they are concerned that the measure abolishing capital punishment, AB395, remains in limbo with no hearing scheduled in the Senate Judiciary Committee. The bill passed out of the Assembly in April on a 26-16 vote with all Republicans in opposition.

"I want to be very clear … to the folks in the Senate, and to the governor, that opposing the abolition of the death penalty does not show that you are tough on crime," Taylor Patterson, executive director of the Native Voters Alliance of Nevada, said Monday during a virtual press conference hosted by the Nevada Coalition Against the Death Penalty. "It shows that you are very, very weak, and you are more beholden to district attorneys, than you are to your constituents and to true justice."

So far, the public pressure campaign — which has included polls, an advertising blitz and the hiring of lobbying firm Strategies 360, helmed by former top-ranking Democratic legislators — hasn’t outwardly moved the needle for legislative leaders and the governor, who declined to give more specifics on the bill’s future with just a few days before the deadline.

Legislators in the Senate said they have been hesitant to move the bill forward after Sisolak said he supports the death penalty in "severe situations," such as the October 1 shooting. Asked whether he was working with lawmakers to amend the bill, Sisolak said on Monday in a brief interview that his office was not actively working on an amendment and would see what the Legislature ends up doing.

"I'm going to wait and see what comes over out of the Legislature,” he said. “It's in their hands now.”

Senate Majority Leader Nicole Cannizzaro (D-Las Vegas), a prosecutor employed by the Clark County district attorney’s office, told reporters on Monday that there have been "ongoing discussions" surrounding the bill and a possible amendment could be forthcoming.

"We'll see where those end up," she said.

Despite expressing support for abolishing capital punishment earlier this year, Judiciary Committee Chair Sen. Melanie Scheible (D-Las Vegas), also a prosecutor for the Clark County district attorney’s office, hinted that the bill would have better chances of advancing if the sponsor, Assemblyman Steve Yeager (D-Las Vegas) brought forward an amendment that would appeal to Sisolak

In a separate interview on Monday, Yeager said that the measure has not yet progressed but expressed some optimism that a deal could be made.

"We still have a week to go, so trying to decide how best to proceed," he said. "But we've got five days, which is a lifetime in this building."

The legislative drama over a possible capital punishment repeal is advancing in tandem with efforts by the Clark County district attorney’s office to schedule an execution for Zane Floyd, who was convicted of killing four people inside a Las Vegas grocery store two decades ago. Prosecutors had initially pushed for the execution to be scheduled for the week of June 7 — days after the scheduled end of the legislative session — but agreed this week to postpone until late July after the state prison director testified that the system needs at least four months to prepare for a lethal injection.

The execution would be Nevada's first enactment of capital punishment in 15 years. The state came close to executing Scott Dozier in 2018, but a protracted legal fight about the drugs in the lethal injection delayed the execution, and Dozier died by suicide in 2019.

Yvette Williams, chair of the Clark County Black Caucus, said that she and others are pushing for a full repeal of the death penalty, and that discussions around the bill should not be held behind closed doors.

“This past summer, there were promises made about reforms around racial justice issues,” Williams said. “We're looking very closely and paying attention to not only what's voted on the floor, but what bills come before each committee ... who's deciding what's going to be heard."

Updated at 12:20 p.m. on 5/11/21 to correct Williams' title.

Veterinary telemedicine hearing goes off the rails amid confusion, amendments

A lawmaker asking a bill sponsor if she was willing to scrap an amendment to save her bill, a lobbyist mispronouncing a client's last name, and a mysterious, out-of-state company seeking to tack on a self-serving amendment sounds like the start of a very specific Carson City nightmare.

But that very situation befell Assemblywoman Shannon Bilbray-Axelrod (D-Las Vegas), who found herself navigating a lively hearing on her veterinary telemedicine bill AB200 before the Senate Commerce and Labor Committee hearing Wednesday.

The bill’s intent is straightforward — allow licensed veterinarians to practice telemedicine only after an in-person examination of an animal. Under the proposed bill, veterinarians would not have to examine every member of a herd to consult with a veterinarian, and a doctor with access to medical records could also consult on a case via remote communication.

Former president of the Nevada State Board of Veterinary Medical Examiners Jon Pennelle testified that though telehealth is vital for expanding access to veterinary care, in-person visits are necessary.

"For thousands of years, animals have instinctively hidden illness and pain as a means of survival," Pennelle said. "And I feel there are just too many things that can be missed by not actually examining and touching a patient first."

Though many veterinarians lauded the measure, two proposed amendments took discussions of the bill off the rails.

One friendly conceptual amendment proposed by the Nevada Board of Veterinary Medical Examiners tacked on provisions of another, larger veterinary bill (SB366) that died in committee. The proposed amendment would make a handful of changes to veterinary medicine outside of just telemedicine, including:

  • Remove a provision requiring the board to post a notice in a newspaper if an applicant for a license or registration cannot be reached by the board
  • Allow the board to accept licensure applications online by removing a requirement for notarization
  • Permit licensed veterinary technicians to administer zoonotic vaccinations such as rabies

Sen. Keith Pickard (R-Henderson) raised concerns about removing a requirement to post notices and requested more information into provisions of the amendment. 

But when the board's executive director was not available via Zoom or the telephone to answer Pickard's question, Bilbray-Axelrod said her only goal was to pass the bill.

Pickard asked Bilbray-Axelrod if what she meant to say was that she "would be willing to jettison the amendment" to save her bill if the amendment is "problematic."

"I was trying to be nicer," Bilbray-Axelrod responded. "But I mean, sure."

During public testimony in support, the executive director apologized for her technology issues and said she responded to the lawmakers’ questions in writing. 

Despite the confusion over the board's proposed amendment, the committee began to hear testimony on the legislation —  which is when it moved into the stuff of legislative nightmares.

Dutch Pet, Inc., a California-based telemedicine company that records indicate was incorporated in March in Delaware, testified in opposition to the bill. The company has been at the forefront of a push for deregulation in veterinary medicine in Florida and submitted a conceptual amendment ahead of the hearing requesting that the language requiring a physical examination occurs before telemedicine instead become optional.

A lobbyist for the business, John Oceguera, represented the corporation and called forward its legal counsel, Virginia Mimmack, to testify on the amendment. Lawmakers were further confused by several mispronunciations of her last name as "Mimic," leading to additional befuddlement and delays. 

Mimmack said that requiring a physical examination was not in line with laws in other states such as New Jersey, Virginia, Idaho and Michigan, and would prevent new entrants to Nevada's veterinary markets.

"As currently written, the only veterinarians that can take advantage of the many benefits of telemedicine are those veterinarians that already have a brick-and-mortar practice in Nevada," Mimmack said. 

That testimony prompted about half an hour of questions from lawmakers, who wanted further clarity on Dutch Pet's motives for opposing the bill. 

"I'm trying to get the linkage about why you'd want to testify in the Nevada Legislature about Nevada veterinarians, when you don't have any veterinarians here," Sen. Roberta Lange (D-Las Vegas) said, noting that Florida and Arizona had both recently rejected bills pushing for deregulation of veterinary telemedicine.

Sen. Dina Neal (D-Las Vegas) called Mimmack's comments "confusing" and unrealistic. Sen. Melanie Scheible (D-Las Vegas) put her thoughts more bluntly.

"Let's just be clear on the record that your amendment allows Dutch Pet to come into Nevada," she said. "If the amendment is not adopted, then Dutch Pet's business model would not be allowed in Nevada. And that's the real deal, right?"

"Our testimony today is really not about Dutch Pet. Dutch Pet is not currently active in Nevada. But our testimony today is about prohibiting a Veterinarian-Client-Patient-Relationship (VCPR) to be established remotely," Mimmack responded. "It doesn't allow any new entrants into the market and several other states have found out ways to do this."

Pickard said he tends to favor expanding competition, but was concerned that veterinarians could make incorrect diagnoses or miss warning signs without in-person check-ups.

"Unless you have Dr. Doolittle on staff, you're not going to be able to talk to the patient," Pickard said.

Committee Chair Sen. Pat Spearman (D-Las Vegas) joked that five years and six months later, she was closing the hearing. The committee took no action on the bill.

Editor’s Note: This story first appeared in Behind the Bar, The Nevada Independent’s newsletter dedicated to comprehensive coverage of the 2021 Legislature. Sign up for the newsletter here.

There’s one month left in the session. Here’s where the Legislature is on taxes, the death penalty and more.

The checkered flag is poised to start waving as state lawmakers enter the final month of the legislative session with a host of major policy and budget issues still unresolved, from repeal of the death penalty to raising taxes on the mining industry, wholesale changes to the K-12 funding formula and many other big-ticket items.

Tuesday’s meeting of the Economic Forum — the panel of five economists who forecast expected state tax revenue — is generally viewed as the green light for a host of budgetary issues and major bills to move to the finish line before the clock strikes midnight on sine die, May 31.

Most indicators are that the improving economy, coupled with rising COVID vaccination rates, will boost state tax revenues above what the Forum forecasted in December — about $8.5 billion over the next two fiscal years, or about $500 million less than the last two-year budget cycle.

Legislators have nonetheless proceeded based on the less-rosy budgetary picture, making tough cuts to education and health care programs that at times drew heated debate. While a recovering economy is expected to help alleviate some of those previously identified cuts, lawmakers say they’re still waiting on the bigger piece of the puzzle — U.S. Treasury guidance on how the state can spend the roughly $2.9 billion allocated through the recently passed federal American Recovery Act.

But without guidance soon, legislators say it's almost a guarantee that a summer special session will be needed to make a decision on how to dole out the one-time federal windfall.

“Every day from this day forward, we're running out of time,” Senate Finance Committee Chair Chris Brooks said. “(If) that happens at a certain point ... the only way we can do it is to close the budget, and then fill it back in at a later date, just because we'll run out of time.”

Gov. Steve Sisolak’s Chief of Staff Michelle White echoed those comments, saying that the governor’s office didn’t want to recommend allocating general fund dollars to needs that may later be met by an influx of federal funds — even on topics that might attract bipartisan support, such as funding a replacement unemployment insurance system, a broad expansion of preschool and more. Beyond the flexible $2.9 billion, other pots of federal funding with more specific earmarks are also expected.

“The governor wants to make sure that that's a process that can go through the appropriate budgetary process, and with the Legislature having full input,” she said. “We hope that's the case.”

Outside of the budget, legislators are beginning their typical ritual of rolling out ambitious bills in the waning days of the session, including a state-based public health insurance option, fixes to the oft-criticized unemployment insurance system, and a major transmission and electric vehicle omnibus bill. They’re also making progress on behind-the-scenes negotiations, including on a much-publicized effort to raise mining taxes and implementing a wholesale change to the decades-old K-12 funding formula.

But hopes in early May can often turn to tears by June, with many landmines and potential pitfalls awaiting lawmakers and major pending legislation. Here’s a look at the state of play for some of the biggest proposals on tap for the last month of the session.

A gold pour
Molten gold poured into ingot molds at a mine in northern Nevada. (David Calvert/The Nevada Independent)

Mining taxes

The question of a potential mining tax hike has simmered in the background through the first three months of session. There’s been little public movement from lawmakers, but three proposed constitutional amendments raising the industry’s constitutional rate cap are playing the role of Chekov’s gun.

Though progressive advocates are clamoring for lawmakers to move forward on AJR1 — striking what they call the mining industry’s sweetheart deal in the Constitution and imposing a 7.75 percent tax on the gross proceeds of mining companies — discussions are ongoing about a potential deal that would lead to lawmakers dropping the proposed amendments in favor of a more immediate tax change.

Democratic legislators appear wary of sending a mining tax resolution to the 2022 midterm ballot and stirring up rural angst at a time when Gov. Steve Sisolak and other high-profile Democrats are up for re-election. The mining industry may also be wary of a ballot measure — voters in 2014 narrowly defeated a ballot question removing the language in the Constitution capping mining taxation, but that victory for the industry came during a midterm election that favored Republicans and had particularly low turnout (though many expect the 2022 midterms to be difficult for Democrats as well, given that the party controlling the White House historically does poorly in midterm elections).

“I said even last special session that if we can find common ground and some compromise that would avoid us having an expensive … exercise on the ballot, that we will certainly be open to that, and we still are,” Assembly Speaker Jason Frierson (D-Las Vegas) said on Monday.

Negotiations are still fluid — meaning things could easily collapse between now and the end of session. But lawmakers, including Senate Finance Chair Chris Brooks (D-Las Vegas), say that some sort of immediate mining tax increase may be the “best and only option” to raise revenue this session.

“I would prefer to see a collaborative approach between the industry and the Legislature to come up with a change in the current [taxation] structure that they have,” he said. “That would be a sustainable way to put money into our budgets in the short term, and not many years from now. I'm supportive of that approach.”

But any struck deal will lead to a math problem — lawmakers need at least a handful of Republican votes in the Assembly and Senate to clear the needed two-thirds threshold for a tax increase. 

One of Republicans’ most prominent concerns when the proposed constitutional amendments emerged over the summer was that the mining industry was surprised by them; this time around, the industry is at the table for discussions. Republican leaders in both chambers have not completely closed the door on a tax increase, but said they want more input in the process and would want any revenue hike be narrowly tailored and go to specific programs or functions amenable to both parties.

“I think that all tax bills should have been discussed from the get-go,” Senate Minority Leader James Settelmeyer (R-Minden) said in an interview. “I don't think it's proper to bring anything with 30 days left and say, ‘Oh, here you go. We made the deal, and now we want you to vote for it.’ Why not have a discussion with us?”

Hospital beds for infants as seen during a tour of the Neonatal Intensive Care Unit at Sunrise Hospital on Tuesday, Dec. 4, 2018. (Daniel Clark/The Nevada Independent)

State-based public option

One of the most heavily lobbied issues over the last month of the session will be the effort to implement a state public health insurance option — requiring insurers that bid to provide coverage to the state’s Medicaid population to also apply to offer a state-backed public option plan. 

SB420 was introduced in the Senate on Wednesday and sponsored by Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) and has already been scheduled for a hearing Tuesday.

The legislation — dubbed “CannizzaroCare” — comes from public option efforts in past sessions, including a 2017 effort to allow Nevadans to buy into the state’s Medicaid program, (which the Legislature approved but that was vetoed by Gov. Brian Sandoval), and a 2019 study lawmakers approved to look into the possibility of allowing Nevadans to buy into the state’s Public Employee Benefits Program (PEBP) health plan.

The legislation is backed by a cadre of public health groups (including health districts in Washoe and Clark counties) and progressive organizations, but has attracted an organized opposition effort from doctors, hospitals and health insurance panning the legislation as an “unaffordable new government-controlled health insurance system.” 

Death with dignity

The latest in a long line of efforts to legalize a process allowing terminally ill patients to self-administer life-ending medication prescribed by a physician hasn’t made much movement since it was referred without recommendation out of committee by the first committee deadline in early April

The bill, AB351, was referred to the Assembly Ways and Means Committee shortly after, where it’s sat ever since. But bill sponsor Edgar Flores (D-Las Vegas) said he was confident about the bill’s chances — adding that he expected it to come up for a hearing and likely vote at some point once the budget committee finishes processing more straightforward agency bills.

“Eventually we'll have an opportunity to have a hearing there, and then hopefully get it to the floor,” he said. “And I'm confident that that's where it's at now. Obviously, things may change, but I think that's where we're at now.”

Flores said he had also spoken with the state’s Department of Health and Human Services, and believed the agency would take its fiscal note (estimated cost to implement) off the bill.

The concept has divided lawmakers, and not always along strict party lines. Assembly Minority Leader Robin Titus (R-Wellington) said she had struggled with the bill; her libertarian side supported giving patients those rights, but thought that many of the concepts including limiting a coroner’s investigation and timelines in the bill were improper. 

“I have real issues with those things, apart from my struggle with does a person have a right to decide how they end their life,” she said.

The Northern Nevada Correctional Center in Carson City, Nevada
The Northern Nevada Correctional Center in Carson City, Nev., is seen on Wednesday, June 12, 2019. (David Calvert/The Nevada Independent)

Death penalty

Members of the Assembly recently voted along party lines to abolish the death penalty, pushing the proposal as far as it’s ever been in Nevada after fits and starts in recent sessions. But the bill hasn’t been touched in the Senate, where both the committee chair responsible for processing it and the Senate majority leader are prosecutors whose boss — Clark County District Attorney Steve Wolfson — has been vocal in favor of keeping capital punishment.

Gov. Steve Sisolak has at times expressed unqualified opposition to the death penalty, and on other occasions said he would support it for extreme cases, such as the Oct. 1 mass shooting. 

Senate Judiciary Committee Chairwoman Melanie Scheible has said that the bill could move forward if the sponsor can come with an amendment that is acceptable to the governor, but bill presenter Assemblyman Steve Yeager — while acknowledging he wants to make progress — says he’s not sure whether he and abolition supporters would accept a watered down version of the bill.

Others, including leaders of the Nevada State Democratic Party, say the onus is on senators to at least give the bill the courtesy of a hearing. In a video not widely circulated before this week, Scheible affirmed unequivocally at the Battle Born Progress Progressive Summit in January that she supported the quest to end the death penalty.

Offices of the Department of Employment, Training and Rehabilitation in Las Vegas. (Daniel Clark/The Nevada Independent)

DETR bill

Republicans have latched on to one of the most prominent failings of the executive branch — massive backlogs in an inundated unemployment claims system — as one of their top priorities this session. Lawmakers of both parties often mention the emails they have received from claimants desperate for stalled benefits.

Senate Republicans have met with claimants in the glitchy Pandemic Unemployment Assistance (PUA) and hinted for weeks that they would introduce legislation to address issues identified in a lawsuit brought by PUA claimants, such as the lack of communication between a regular unemployment and PUA computer system. They also have been publicly critical that the Department of Employment, Training and Rehabilitation loan policy bill, SB75, makes technical changes to the regular unemployment program but does not speak to some of claimants’ marquee complaints.

Though Republicans’ bill, SB419, dropped last week, Senate Finance Committee Chairman Chris Brooks described it as a “stunt” and likely dead on arrival because it proposes spending $40 million from the strained general fund on a multi-year modernization project.

Brooks said the ambitious project should wait until the latest round of federal funding comes through. Democrats have listed a modernization project as a top priority in a framework on how to spend the money, and say they expect the federal guidance will allow such a use.

White said Democrats are in agreement with recommendations made by a governor-appointed unemployment strike force led by former Assembly Speaker Barbara Buckley.

“We have to make sure that anything that we've identified last year that could be better, that we're making all efforts to change now that funding … will be available, pending eligibility,” White said.

DETR officials have said it could take up to a year to design a request for proposals laying out exactly what the state wants out of the IT overhaul. In the meantime, the governor’s budget proposes a modest $1 million over the biennium for contractors to help resolve close to 2,000 technical issues of various sizes within the benefits system.

Students stand in line at Wengert Elementary School for the first day of in-person learning on Monday, March 1, 2021. (Jeff Scheid/The Nevada Independent)

Education

Release of the long-awaited report from the statutorily-created Commission on School Funding last week laid bare what many lawmakers and public education advocates have long suspected — moving Nevada to the national average in per-pupil school funding will cost more than $2 billion over a decade and hundreds of million of dollars in additional revenue every year.

The report recommended that lawmakers implement major changes to the current sales and property tax systems, but those general proposals have largely fallen flat. On property tax changes, Brooks said he “absolutely” agrees changes are needed but “I don't think now's the time to do it” as the state continues to recover from the COVID-19 pandemic. 

Frierson in a previous statement panned the sales tax as regressive but signaled support for restructuring the mining tax and bringing in revenue from short-term rental companies such as Airbnb. 

"With regards to other revenue structures, many take time and robust stakeholder outreach and that has not been something we have had during this session," Frierson said.

Still, lawmakers are moving forward with plans to accelerate a shift to the new “Pupil-Centered Funding Formula,” an update to the dated past funding formula initially approved by legislators in 2019. Many of those budget details, including promises to implement various hold harmless protections to avoid massive overnight funding losses for rural school districts, are still in the works.

Some Republicans have expressed openness to increase funding for education if it has direct ties to student outcomes and is allocated in a transparent manner; they fear that it could otherwise be swept up into collective bargaining agreements. They also have bristled at the shift toward the new funding formula, which has reshuffled the deck on some of their party’s most significant legislative accomplishments — a series of “categorical” programs targeted toward specific student groups with special needs that flourished under unified Republican control of the governor’s office and Legislature in 2015.

Settelmeyer cautioned that Republicans would only be likely to support tax increases directly tied to targeted education spending (the so-called “categoricals,” which include programs such as Read by Grade 3, and Zoom and Victory schools). He said the odds of starting a discussion on a “bipartisan way of how to get there” didn’t bode well at this late stage in the session.

“That's nothing new. Education has always wanted more money,” he said. “Republicans have shown consistently, if it goes to a purpose, we'll have a discussion. You want it to just go to the same system? I think we tend to be a little bit less likely to agree.”

Priscilla Vilchis, CEO of Premium Produce, inspects a cannabis bud at her grow facility in Las Vegas on Tuesday, Dec. 4, 2018. (Jeff Scheid-Nevada Independent)

Cannabis 

A bill to authorize cannabis consumption lounges seeks to resolve a longstanding conundrum in the state — that using cannabis is legal, but consuming it anywhere outside a private home is illegal. It stands at odds with an assumption that drove much investment in the Nevada marijuana industry — that tourist consumption would make the Silver State’s cannabis industry punch above its weight.

The measure, AB341, is described — even by the director of the Cannabis Compliance Board — as the most promising vehicle for diversifying an industry with upper ranks that skew white and male. “Social equity” elements of the bill would give a competitive advantage to lounge operators who have been adversely affected by the War on Drugs, bringing new players into an industry characterized by extremely high barriers to entry and fierce competition for a limited number of licenses.

A similar consumption lounge concept failed late in the 2019 session, but that was before the Cannabis Compliance Board had formally assumed regulatory oversight of the industry. Proponents are optimistic that with a focused regulatory body in place, the state is now ready to take a step toward lounges.

The bill has been parked in the Ways and Means Committee because of the estimated $3 million the Cannabis Compliance Board would have to spend to support the projected 30 new positions needed to regulate scores of consumption lounges. Marijuana regulation is generally self-supported by licensing fees, although the board has not yet estimated how much revenue the lounges would bring in to balance out the ledger.

“I'm hopeful it's gonna move,” said Assemblyman Steve Yeager (D-Las Vegas), the bill’s sponsor, adding that it would likely be one of the last things finished in the session. “I just think it's gonna sit there for a while, because we have to close sort of everything else … before we can really have a discussion about what might be available to satisfy that fiscal note.”

Another potential wrench in the wheels is that the bill requires a two-thirds majority vote, which means it’s possible Republican-raised concerns about people driving after consuming marijuana could sideline the bill.

Asked about the possible reemergence of a policy allowing coveted dispensary licenses for applicants who did not win them in a contentious 2018 licensing round, Gilles said the governor’s office is not committing to any policies on that front, citing many moving parts, including ongoing litigation.

“I will be happy to engage in any conversations with folks if there's a proposal that's worth ... being worked through the Legislature that's going to resolve everybody's issues and everybody's concerns,” he said. “I don't know that that's possible.”

Tesla Model X with doors up
A Tesla Model X as seen during an NV Energy and NDOT Electric Vehicle Guest Drive Event at Bruce Trent Park in Las Vegas on Saturday, Oct. 26, 2019. (Daniel Clark/The Nevada Independent)

Energy policy

One of the biggest remaining policy-focused bills yet to drop is Sen. Chris Brooks’ forthcoming major energy policy bill, which is expected to be introduced sometime this week.

Brooks has described the provisions of the bill in past interviews — it will require a $100 million investment by NV Energy to facilitate greatly expanded electric vehicle charging infrastructure, while doubling down on transmission infrastructure — aimed at finishing NV Energy’s proposed Greenlink transmission project, which utility regulators partially approved in March

On Friday, Brooks said that those portions and others previously described — including adoption of “tenant solar,” allowing utility-scale battery storage projects to access renewable energy tax abatement programs, and moving the state to a larger wholesale electric market would all be included in the legislation.

Brooks reiterated that there were no surprises in the forthcoming bill, and he said the goal was to start the state on major transmission projects as soon as possible — saying that while the Public Utilities Commission made the right choice in the most recent transmission case, lawmakers needed to sign off on any major policy push toward greater transmission infrastructure. 

“It’s not the PUC’s job to encourage economic development in the state of Nevada, it's the PUC’s job to keep the lights on,” he said. “And so the argument that we need transmission, so that we can become a regional hub for transmission in the West, and so that we can attract economic activity to our state, is not necessarily the regulator's job... it's the policymakers and legislator’s jobs and the governor's job to give that message.”

Enrique, who was recently evicted from his home, poses for a photograph in a Las Vegas neighborhood on Thursday, Nov. 12, 2020. (Daniel Clark/The Nevada Independent)

Housing and rental assistance

Gov. Steve Sisolak has said that the state extension of the eviction moratorium, which runs through May at the state level but is backed up by a federal moratorium that lasts through June, will be the final one. But lawmakers are working on a bill that creates a “glide path” from the eviction ban into normalcy, and ushers out the hundreds of millions of dollars the state has received in rental assistance but has struggled to get out to people quickly.

“As we're coming up to the end of the moratorium, we need to figure out a way to even further ... perfect the way in which we get those dollars into the hands of landlords,” said Scott Gilles of the governor’s office. 

Gilles said the governor’s office doesn’t think they can get around a federal government restriction that prevents payments directly to a landlord — with no tenant involvement — but the legislation aims “to ensure that a tenant who wants to engage and take advantage of the rental assistance dollars will ultimately have that opportunity.”

Assemblyman Steve Yeager (D-Las Vegas) said discussions include how “we can slow the eviction process enough so that the monies that are there get used” and whether there are other pots of less-restricted money that could help tenants who don’t qualify under newer, stricter federal rules setting income limits or landlords who are having trouble securing the required tenant cooperation.

It’s still unclear whether the bill would have provisions that prevent landlords from immediately evicting a tenant after receiving overdue back rent through the assistance program. 

“We're looking at … whatever options are there to keep people in their homes and if there's some enticement for a landlord to be paid these dollars or ... have some sort of agreement going forward through the mediation program,” Gilles said. “Obviously that's the intended result.”

AFSCME workers prepare to unionize
Ken Edmonds, a developmental support tech at Desert Regional Center, reads a statement before filing for recognition as AFSCME with the Government Employee Management Relations Board in Las Vegas on Friday, Sept. 20, 2019. (Daniel Clark/The Nevada Independent)

State worker collective bargaining

Another potential hurdle in the rush to finish the session will come in the novel process of approving collective bargaining agreements for state workers — the first-ever undertaking since lawmakers expanded bargaining rights to state employees in 2019.

In theory, the bargaining units (representing a swath of state workers) are supposed to come to a tentative agreement with the state’s Department of Administration, go for approval to the state’s Board of Examiners (composed of the governor and other statewide elected officials), and is then transmitted to the Legislature as a budget amendment, prior to the end of session.

However, a spokeswoman for the Department of Administration said Friday that only one agreement (with the Nevada State Law Enforcement Officers Association) out of the seven recognized bargaining units is ready to go before the Board of Examiners. 

The agency said it does not “currently have a timeline” for bringing forward agreements with bargaining units represented by AFSCME (which represents four) and is still negotiating tentative agreements with two other units — the Battle Born Fire Fighters Association and Nevada Police Union.

The 2019 legislation authorizing state workers to collectively bargain also contains provisions giving the governor the final say on wages or other monetary compensation despite any approved collective bargaining agreement.

White said that the main focus right now was timing, and getting budget amendments over to lawmakers with enough time to spare before the end of session.

“Anyone could look at it right now with 30 days left and say that's a tight timeline, and it is a tight timeline but, we feel confident in our partnership throughout this process to negotiate in good faith and get everything done that we can possibly get done in these negotiations and agreements,” she said.

Mirage guest room attendant Perla Padilla, defending champion in the Housekeeping Olympics bed making event, cleans a room on Monday, Oct. 8. (Jeff Scheid-Nevada Independent)

Right to Return

A bill presented by Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) that guarantees hospitality workers the right to return to the job they lost during the pandemic has not advanced since it had a public hearing in early April. But the measure, SB386, has a waiver that exempts it from legislative deadlines, and parties have been negotiating to address stark disagreements between union and business interests.

“Our whole goal is making sure people can get back on the job and so it's something we're monitoring. I think there are some real, real challenges that people are trying to work through. And that's kind of the last update I've had on it,” White said on Saturday. “So I think we'll see. I think it's something that folks want to find a resolution on.”

On ‘Denim Day’, lawmakers support sexual assault survivors while pushing for sexual violence reform

For one day every session, lawmakers and Legislative Counsel Bureau staff swap out their slacks and blazers for denim jackets and blue jeans in solidarity with victims of domestic and sexual violence.

The tradition referred to as "Denim Day," stems from a 1990s ruling in the Italian Supreme Court that overturned a rape conviction based on the observation that a victim-survivor had implied consent because her jeans were so tight she must have assisted with their removal. Following the ruling, women in the Italian Parliament wore jeans in solidarity, calling out victim-blaming and shaming.

But lawmakers and advocates with the Nevada Coalition to End Domestic and Sexual Violence said Wednesday that the denim was more than a solidarity fashion statement — it also provided a real opportunity to highlight bills this session aimed at curbing sexual misconduct and violence.

Assemblywoman Selena Torres (D-Las Vegas) said that AB384, which would require each institution within the Nevada System of Higher Education to participate in a survey on sexual misconduct, implement a sexual misconduct policy and establish a victim's advocate, is just one step to more significant sexual assault reforms.

"Unfortunately, I received too many calls from friends that were survivors of sexual violence," Torres said during the press conference. "Being on the other end of that phone, I knew that we needed to take action. I knew that it was time that we passed policy that was going to address the issue of sexual violence in our institutions."

SB347, sponsored by Sen. Melanie Scheible (D-Las Vegas), enacts similar changes but focuses on helping victims of sexual misconduct and improving reporting requirements and prevention programming for higher education institutions.

Student advocates from UNR helped draft the legislation and said that problems would continue to occur without change.

"Every single one of my friends that are girls ... have been sexually assaulted," UNR student Douglas Collins told The Nevada Independent. "Honestly, the vast majority of them have not said anything. So if we could at least have some sort of anonymous climate survey so we can at least know what's going on, that's really important."

Another measure that Scheible highlighted is SB364 a bill that requires all hospitals and emergency centers to provide emergency contraceptives to sexual assault survivors.

"By passing SB364 ... any person who finds themselves in this unenviable and horrible position of being in an emergency room, and being possibly impregnated and not wanting to be, they have the full backing of the law behind them to say, 'I'm entitled to an emergency contraceptive,'" Scheible said.

But much of the focus fell on SB177, a bill sponsored by Sen. Julia Ratti (D-Sparks) that seeks to increase the fee on marriage licenses to provide funding to each county to develop sexual violence advocacy services. The bill, which requires a two-thirds vote, passed out of the Senate on a 16-5 vote earlier this month, with several Republicans opposing the bill over concerns about doubling the license fee to pay for sexual violence services.

Under current law, there is no statewide funding for sexual violence services in Nevada. The $25 fee charged on marriage licenses only supports domestic violence funding, and only the Rape Crisis Center of Las Vegas receives a small carve-out for sexual violence services.

The last time that marriage license fees increased was in 2009, Ratti said, adding that by doubling the fee, the state can make up for 11 years of lost purchasing power and expand sexual violence services to all of Nevada's counties. 

"We don't have enough resources, there's a waiting list," Ratti said. "To me, That's not acceptable."

Editor’s Note: This story first appeared in Behind the Bar, The Nevada Independent’s newsletter dedicated to comprehensive coverage of the 2021 Legislature. Sign up for the newsletter here.