State judge temporarily blocks portion of new law banning ‘ghost guns’

Key portions of a new state law aimed at blocking the sale and production of unregistered ‘ghost guns’ have been temporarily suspended by a state District Court judge. 

The ruling comes after Dayton-based firearms manufacturer and seller Polymer80 sued the state in June in Lyon County’s Third District Court. After a mid-July hearing, Judge John Schlegelmilch granted a temporary restraining order and preliminary injunction that blocks parts of the law set to go into effect next year.

“This is a significant victory for Polymer80, Nevadans, and our customers nationwide,” Polymer80 CEO David Borges said in a statement earlier this month. “AB 286 is a vague and unlawful legislation that targets our company specifically for conducting a lawful business.  We will continue to challenge lawless attempts to curtail our rights and the rights of our customers.”

The temporary injunction was issued about a week before federal District Court of Nevada Judge Miranda Du denied a similar request for an injunction against the new law in a decision issued Monday. That case was brought by a pro-firearms group and several Nevadan gun owners, not Polymer80.

Both cases challenge AB286, widely viewed as the most prominent gun violence prevention measure approved by the 2021 Legislature. The bill was sponsored by Assemblywoman Sandra Jauregui (D-Las Vegas), passed on straight-party line votes in both the Assembly and Senate before being signed into law by Gov. Steve Sisolak last month. 

The law generally prohibits a person from possessing, purchasing, transporting or receiving any unfinished frame or receiver of a firearm, or assembling any firearm not imprinted with a serial number. Initial violations carry a criminal misdemeanor penalty; repeat violations can be punished by a felony charge.

However, Schlegelmilch’s order means that purchases or possession of unfinished guns and accessories — products sold by Polymer80 — won’t be criminalized as intended

“AB286 failed to provide a person of ordinary intelligence fair notice of what AB286 criminalizes,” the ruling stated. 

Schlegelmilch’s order stated that the bill’s definition of an “unfinished frame or receiver,” was a term deemed “impermissibly vague,” and did not sufficiently clarify what items are prohibited from sale. 

Polymer80 claimed that AB286 violates the Nevada Constitution’s due process clause, saying the company would be unable to conduct its business and face the threat of criminal prosecution if the law took effect. 

In response, the state argued that Polymer80 could serialize — or register a unique identification code to — its products to avoid the new requirements in AB286. 

But Schlegelmilch found the argument insufficient, writing that the bill’s language stated that Polymer80 could only serialize products if required by federal law. His ruling found that the company could face “irreparable harm,” meeting a standard that warranted the injunction.

“We are analyzing the court’s decision and our options,” said John Sadler, spokesman for the state attorney general’s office, which represents the state in such cases.

The office did not comment on whether the federal court decision would supersede the state court ruling once the law goes into effect in 2022.

The federal Bureau of Alcohol, Tobacco and Firearms estimated that law enforcement nationally collected roughly 10,000 home-assembled, nonserialized firearms in 2019. Clark County Sheriff and Republican gubernatorial candidate Joe Lombardo said at a forum last month that the state’s largest police force only tracked six instances of homemade, non-serialized firearms over the past 12 months — adding that none of the firearms were used in a crime, and most were found in the Las Vegas Strip corridor.

Read the order below:

Federal judge rejects effort to block ‘ghost gun’ ban filed by pro-firearms group

A federal judge has denied initial efforts by a pro-firearms organization to block enactment of a recently passed law banning the sale and production of so-called ‘ghost guns,’ including homemade firearms or assembled firearms without a serial number.

Judge Miranda Du’s opinion issued on Monday found that arguments made by the Delaware-based Firearms Policy Coalition and several individual gun owners in the lawsuit failed to meet the high burden required for the court to block implementation of the new law.

The ruling is a win for legislative Democrats and gun control advocates who viewed passage of the bill, AB286, as one of the most prominent gun violence prevention measures adopted by the 2021 Legislature.

In the order, Du rejected the two prongs of Firearms Policy Coalition’s argument — that the law burdened Second Amendment rights to firearm ownership and constituted a violation of the Constitution’s Takings Clause, which generally sets limits on the government’s ability to seize private property for public use without just compensation.

“Because AB 286 targets only unserialized firearms that are not within a categorical exception, that bypass background checks by virtue of self-assembly, and that are untraceable without a serial number, the Court finds that AB 286 is a reasonable fit for achieving the government’s objectives of decreasing the threat that unserialized firearms pose to public safety and preserving law enforcement’s ability to trace firearms related to violent crimes,” the order stated.

The bill, AB286, was sponsored by Assemblywoman Sandra Jauregui (D-Las Vegas) and was approved on straight-party line votes in the Assembly and Senate.

It generally prohibits a person from possessing, purchasing, transporting or receiving any unfinished frame or receiver of a firearm, or assembling any firearm not imprinted with a serial number. A person found violating those provisions once the bill takes effect next year will be guilty of a gross misdemeanor, with repeat offenses punishable as a Category D felony.

The measure allows for some exemptions, including for a person who is a licensed firearms importer or manufacturer, who is part of a law enforcement agency, or if the unfinished frame or receiver has already been imprinted with a serial number. It would also exempt any firearm that has been rendered permanently inoperable or is considered an antique or a collector’s item.

Advocates of the measure said it would help stem a rising tide of untraceable homemade ‘ghost guns’ — the Bureau of Alcohol, Tobacco and Firearms estimated that law enforcement nationally collected roughly 10,000 such firearms in 2019. Still, Clark County Sheriff and Republican gubernatorial candidate Joe Lombardo said at a recent forum that the state’s largest police force only tracked six instances of homemade, non-serialized firearms over the past 12 months — adding that none of the firearms were used in a crime, and most were found in the Las Vegas Strip corridor.

But only three days after Gov. Steve Sisolak, a Democrat, signed the bill into law in early June, the Firearms Policy Coalition filed a lawsuit challenging the bill as unconstitutional. FPC spokesman Adam Kraut said in a statement at the time that the bill “violates Nevadans’ Second Amendment rights and unlawfully deprives them of their property, in violation of the Constitution.”

“In order for a law-abiding individual to exercise their Second Amendment rights, they must have the ability to possess firearms, including those they build themselves,” Kraut said in a statement in June.

In her order, Du (who was nominated to the federal bench by then-President Obama in 2012) found that the language in AB286 did not constitute a Second Amendment violation because individual gun owners could still purchase and use fully furnished firearms or firearm assembly kits as long as they come equipped with a serial number — finding the law “does not severely burden Second Amendment protected conduct, but merely regulates it.”

Du also did not find merit in FPC’s arguments that the measure would constitute an unconstitutional “taking” prohibited by the Fifth Amendment, saying the measure does not “deny all economically beneficial or productive use of unserialized firearms” because it only affects the sale or production of such products inside state lines.

“While the Court is sympathetic to the economic loss Plaintiffs assert, it is not clear based on the record the extent or certainty of that economic loss,” the order states. “Because AB 286 provides an approximate 10-month period for persons to sell unserialized firearms and constituent parts to firearms importers, manufacturers, or licensed dealers beginning June 7, 2021, the possibility of recouping a potential economic loss was — and remains as of the date of this order — possible.”

Du also wrote that the stated intent of the new legislation — public safety — could be considered a “valid exercise of the government’s police power,” adding that “public safety and the importance of firearm tracing necessitates the prohibition of Individual Plaintiffs’ unserialized firearms and constituent parts at issue, and thus not a taking.”

In a statement, FPC called the decision “misguided” and promised a review and potential appeal. “Today's order is wrong as a matter of law and reduces the fundamental human right to keep and bear arms to a mere privilege,” the organization said in an email. “FPC's appellate counsel are reviewing this horribly flawed order and are authorized [to] take any and all appropriate actions to protect the Second Amendment rights of Nevada residents.”

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.

Our roads were built for cars, but a new law could start to make them safer for cyclists

Good morning, and welcome to the Indy Environment newsletter.

The 81st Legislative session came to a close Monday night (updates later on in the newsletter). But first: A special shoutout to my colleagues Michelle Rindels, Riley Snyder and Tabitha Mueller who led our legislative coverage with major help from our interns Jannelle Calderón and Sean Golonka. I was in awe of the excellent work they did covering this unusual (half-virtual) but consequential session that ended with a (surprising or maybe not) mining tax. 

As always, we want to hear from readers. Let us know what you’re seeing on the ground and how policies are affecting you. Email me with any tips or suggestions at daniel@thenvindy.com

To get this newsletter in your inbox, subscribe here.


Throughout the last year, as COVID-19 restrictions limited transportation and exercise options,  more and more people turned to bikes. At this point, the trend has been well-documented in reports of bicycle shortages and in data released by exercise apps that track user fitness.

The trend is welcome news for cycling advocates and transportation planners who have long pushed to make neighborhoods more conducive for getting around using multiple modes of transportation. But it also underscored the need to make roads safer for all who rely on them.

The Nevada Office of Traffic Safety reported 10 cyclist fatalities and 83 pedestrian fatalities in 2020, with the large majority of them occurring in Clark County. That marked an increase from 2019, when there were seven cyclist fatalities and 70 pedestrian fatalities, according to the office.

Last year, on U.S. Highway 95 outside Las Vegas, a box truck killed five cyclists riding with a safety vehicle. It was a tragic incident, and the news rippled across the community — in Las Vegas and elsewhere. As John Glionna wrote in The New York Times this year, it galvanized activists to push for policies aimed at better protecting cyclists and pedestrians on the road. 

The Legislature meets for 120 days every other year. There are systemic issues that lawmakers must grapple with. The budget. Tax policy. Funding for education and health care. All of those things often grab the big headlines, for good reason. But lawmakers in Carson City also pass a flurry of subject-specific bills, often small tweaks that can make a hugely meaningful difference.

SB285 is one of those bills. The legislation, awaiting Gov. Steve Sisolak’s signature, aims to address bicycle and pedestrian safety by making a number of small (but significant) changes to statute. It’s not a panacea, but activists see it as a step in the right direction.

“The goal is to be as inclusive as possible,” said Senator Dallas Harris (D-Las Vegas), the bill’s sponsor. “The road has to be shared by multiple modes of transportation, and we want to make sure everybody has the ability to get around the way that they so choose.”

Notably, the bill addresses an underlying issue: Driver’s ed. The fact is many people don’t know the rules of the roads for cyclists and pedestrians. SB285 requires driver’s education courses to incorporate rules for other types of transportation, including electric bikes and electric scooters. 

Clark County Commissioner Justin Jones, who worked on the bill, said Tuesday that “education is the most important piece of making sure that our cyclists and pedestrians are safe.” 

But education is only one element of the bill. The legislation also aims to address driving rules and infrastructure. Following what other states have done, the legislation allows drivers to pass bikes in a no-passing zone, if it is safe to do so. The legislation also spells out when it’s not safe for bikers to ride on the rightmost part of the lane — and can accordingly use the full lane.

Clark County, Jones noted, adopted a similar ordinance around managing traffic a few months ago. But, Jones said, “it’s an important step forward to have some baseline across the state.”

Finally, the legislation looks at how transportation is planned and constructed. It adds language around the implementation of “complete streets” programs, which aim to operate roads for all users and incorporate different types of transportation. SB285 states that projects undertaken through such programs must, when possible, “integrate bicycle lands and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of roads.” In addition, the legislation requires designs to consider people of “all ages and abilities.”

“We understand that more people of more varied ages and abilities will start — or continue — to walk and bike when safer streets are provided through programs like complete streets,” Anne Macquarie, representing the Sierra Club Toiyabe Chapter, wrote in written testimony last month.

Several other pieces of legislation passed during the session could also make streets safer and more accommodating for different types of transportation. AB54, approved by Sisolak, would create an Advisory Committee on Traffic Safety within the Department of Transportation. AB343 would require large counties (Clark and Washoe) to submit plans to conduct “walking audits” of urban areas with an eye toward public health. And AB362 would allow Clark County’s regional transportation commission to provide microtransit as part of its slate of transportation options. 

Legislative reporter Michelle Rindels contributed to this report.

Here’s what else I’m watching this week:


WATER AND LAND

Lake Mead’s changing shores: Arizona Republic reporter Ian James wrote an excellent piece about the on-the-ground impacts of water-level declines. “At the bustling marinas in Lake Mead National Recreation Area, the shifting shorelines require costly and elaborate work: pulling the marinas out with cables and winches, extending power lines and fuel lines, using divers to unhook giant concrete anchors and dispatching barges to lower new anchors into the water.” 

  • An inside look at the Hoover Dam holding back less and less water (Arizona Republic)
  • “Climate science indicates that there will likely be less water in the Colorado River than many had hoped. This is inconvenient for 21st-century decision-makers, and overcoming their resistance may be the hardest challenge of all.” In a new editorial, John Fleck, the director of the University of New Mexico’s Water Resources Program, and Brad Udall, a climate researcher at Colorado State University, stress the need to allow science to guide Colorado River planning and incorporate “worst-case” climate scenarios.
  • Southern Nevada Water Authority General Manager John Entsminger testifies on the “real and urgent” drought conditions facing the Colorado River. (Nevada Current)

Picking a new Southern California water chief: The Metropolitan Water District of Southern California considered former water authority General Manager Pat Mulroy to lead the agency. Los Angeles Times reporter Sammy Roth has more on the contested vote and what it means. 

Legislation to require wildlife plans with development: The Legislature passed AB211, sponsored by Assemblywoman Sandra Jauregui (D-Las Vegas), aimed at protecting wildlife. The bill requires developers to submit plans about how they intend to offset new development on species habitat. Brian Bahouth, with the Sierra Nevada Ally, has more on the legislation. 

Douglas County commissioners declare drought conditions, via Carson Now.

  • PBS Newshour’s William Brangham and Courtney Norris on the western drought. From the report: “2021 is shaping up to potentially be the driest of all of the drought years in the last century, and definitely one of the driest of the last millennium.”

“We’ve recovered mastodons:” Capital Public Radio’s Rich Ibarra writes about the discovery of an exhaustive fossil deposit. It’s located in California at the foothills of the Sierra Nevada.


MINING AND ENERGY

A mining tax compromise: In the final days of the legislative session, a deal emerged on a mining tax that avoided advancing one of three proposed constitutional amendments, which would have gone before voters. My colleagues Riley Snyder and Michelle Rindels reported on the deal, how it advanced and why several Republicans came to vote for the new mining tax. We’ll have more reporting on the tax, what it means and who it affects in the coming weeks.

Energy policy advances out of the Legislature: A major bill SB448, focused on transmission and electric vehicle infrastructure, passed and is on Sisolak’s desk. Riley Snyder wrote more about the bill, and we’ll have a follow-up coming out on that soon. On Monday, the Senate also approved AB383, which sought to address energy efficiency standards in appliances.

Groups file injunction to stop lithium mine: Conservation groups want a federal court judge to issue an injunction that would prevent any construction of the Thacker Pass mine after they said negotiations with land managers and a company fell apart. (Great Basin Resource Watch)

CLIMATE CHANGE

How auto dealers are viewing the state’s efforts to increase emission standards, via the Nevada Current’s Jeniffer Solis. The state held a session on its clean car initiative last week. 

The Truckee Meadows Community College was featured in an Inside Higher Ed piece a few weeks ago looking at how campuses are preparing for the effects of climate change.

Legislature dismisses final 2020 election contest against Democratic assemblywoman

The final challenge to the legitimacy of Nevada’s 2020 election ended not with the revelation of scandalous evidence, but with a thud in a quiet, nearly empty legislative committee room on Thursday.

There, three Assembly members — Steve Yeager (D-Las Vegas), Sandra Jauregui (D-Las Vegas) and Tom Roberts (R-Las Vegas) — met as a somewhat rare election contest committee to hear and recommend dismissal of an official challenge by former Assembly Republican candidate Cherlyn Arrington, who lost her bid to Democrat Elaine Marzola by nearly 1,200 votes in the 2020 election.

No fiery defenses, groundbreaking evidence or actual lawyering occurred on Thursday — Legislative Counsel Bureau General Counsel Kevin Powers informed the committee that Arrington’s attorney never responded after the election contest committee was formed in late March.

That led the committee to vote to approve recommending that the contest be dismissed with prejudice — meaning it cannot be re-filed over any procedural issues. Roberts voted against the motion, saying he was concerned about “gaps in notification” but acknowledged that “it would be difficult to follow up if they did do that, since the body would be adjourned in a week or so.”

Yeager said that the committee and Legislature as a whole would lose jurisdiction over the case in a little more than a week, so it did not make sense to extend a lifeline to the legal challenge at this point in time.

“I don't think there's enough time, even if the parties were to file something, of course, the responding party would need time, and then there's time for a reply,” he said. “So I don't think we would be able to complete our work during this session.”

Arrington — who along with a host of other losing Republican 2020 candidates filed a series of unsuccessful lawsuits in November seeking to overturn election results — tweeted earlier this week that she had asked for the contest to be dismissed in April, amid an apparent communication snafu with the secretary of state’s office.

For her part, Marzola said on Thursday that she wasn’t paying close attention to the election contest meeting — it started and finished while Assembly members were in a floor session. 

“I know, obviously, that I did win, so I'm really excited about it,” she said. “I've been here over 100, 105 days, serving the state of Nevada, that's what's important to me.”

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.

Despite opposition, lawmakers revive and advance MGM-backed bill banning guns in casinos

A revived, last-minute bill aimed at giving casino resorts a greater ability to ban firearms on their premises supported by MGM Resorts drew staunch opposition from an unusual group of opponents — Republicans, gun right advocates and criminal justice reform groups.

During a joint meeting of Assembly and Senate judiciary committees on Saturday, lawmakers spent a rainy Carson City morning digging into the details of SB452 — an emergency bill sponsored by Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) and introduced last week that revives jettisoned portions of the other major gun bill of the session. Senators opted to vote the bill out of committee after the hearing on a 4-3, party-line vote.

Cannizzaro, who presented the bill alongside Sen. Fabian Doñate (D-Las Vegas), Assemblywoman Sandra Jauregui (D-Las Vegas) and MGM Resorts representative Ayesha Molino, characterized the bill as another step that lawmakers could take to protect workers on the Las Vegas Strip.

“We are again looking to adapt our state's legal tools to better protect our hospitality workers and our visitors and guests that traveled to Las Vegas from around the world, this time by ensuring that we can appropriately prevent instances where physical violence may otherwise be a factor,” Cannizzaro said.

Nevada Speaker of the Senate Nicole Cannizzaro presents SB 452 during a joint meeting of the Senate Committee on Judiciary and Assembly Committee on Judiciary inside the Legislature on Saturday, May 22, 2021. (David Calvert/The Nevada Independent)

This isn’t the first time that lawmakers have heard details on the concept of expanding “gun-free zones” — similar language was initially included in Jauregui’s AB286, legislation that also bans firearm assembly kits without serial numbers and so-called “ghost guns.” The concept is strongly supported by MGM Resorts, which helped present both the Assembly and Senate bills and has sought enhanced limits on firearms since the 2017 Las Vegas mass shooting that took place on the company’s properties.

That bill saw amendments narrowing and finally eliminating the language on limiting firearm possession on private property — in part over concerns from progressive lawmakers and criminal justice reform advocates that the provisions would lead to more harassment and targeting of minority communities.

Despite another amendment presented Saturday, the bill drew many of the same complaints and concerns from not just gun rights advocates, but police unions, trial attorneys, progressive groups, public defenders and even several Democratic lawmakers, who said they feared the bill would lead to targeting of 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). “I'm very concerned about that, because I have a commitment to my community that I do everything that I can to try and keep them safe. We know that every single time there is an interaction with police for Black and brown people, the opportunity for it to go sideways is great.”

Assemblywoman Shondra Summers-Armstrong during a joint meeting of the Senate Committee on Judiciary and Assembly Committee on Judiciary inside the Legislature on Saturday, May 22, 2021. (David Calvert/The Nevada Independent)

SB452 (plus an amendment) allows for non-restricted gaming license holders (defined as more than 15 slot machines on property) to opt in to the provisions of the bill, which generally prohibits individuals from bringing firearms onto casino property with certain exemptions. Businesses would be required to post signage at every public entrance and give law enforcement a seven-day notice before opting in to the bill’s provisions.

A person who is carrying a concealed firearm would have to be given a verbal warning prior to any involvement by law enforcement, with no verbal warning given to someone openly carrying a firearm, before the person with a gun is opened up to criminal liability or a police response. If a person refuses to leave the premises or surrender the firearm, the bill would set an initial misdemeanor penalty.

Exemptions in the bill would cover security guards or police while on duty, owners of residential units within the casino property, guests who purchase a firearm at a trade show, or anyone who obtains the written consent of the property to bring a firearm there. The amendment to the bill would require any casino property that opts in to the bill to adopt policies and procedures that include training for security guards on de-escalation techniques, cultural diversity competency and implicit bias.

After the hearing, the bill was processed with another amendment that sought to address concerns raised by opponents, including:

  • Requiring an establishment’s firearm policies be provided on their website, and for all signs to cite the controlling portion of state law
  • Require police that arrive in response to a call from the establishment to identify themselves and provide the person an opportunity to comply with the policy
  • Narrow the definition of “premises” to exclude any adjacent properties owned by the licensee
  • Revise the law enforcement exemption to mirror language in existing law on a similar exemption in the state prohibition on firearms on school campuses

Supporters stressed that private businesses already have the right to prohibit firearms on their premises, but that the bill would give them an ability to better enforce their property rights — Cannizzaro said it’s “something that they may already do, and we are trying to make sure that that is something that they can properly enforce.”

“This language simply enhances the business community's toolkit to notify patrons of this prohibition and to call upon law enforcement to assist and address situations before they escalate and become dangerous,” she said.

The bill attracted support from Everytown for Gun Safety and the Culinary union — lobbyist Jim Sullivan cited the 2017 mass shooting and said thousands of union members “saw firsthand the effects of gun violence” and wanted to ensure that “no hospitality worker ever has to experience that trauma again.”

But much of the testimony on the bill was in opposition — ACLU of Nevada Executive Director Athar Haseebullah noted that the legislation drew opponents from across the ideological spectrum and called the bill “half-baked at best.”

“This simply isn't a bad bill that has good intentions, this is a deadly bill, with good intentions,” he said. “No amendment to this bill, no matter how well intended, can fix its potential outcomes. This bill is inherently unredeemable, and is a pretense for dangerous and racist stop-and-frisk policies that have plagued our country and our state.”

National Rifle Association lobbyist Dan Reid said the bill would create “a lot of uncertainty” for gun owners, saying the exemption for residential unit owners in casino resorts may not cover family members or guests.

“We think this bill is wholly unnecessary, and it really could implicate a lot of good people,” he said.

Though Republican lawmakers and gun rights advocates vigorously opposed the bill, the measure could run into difficulty in the Assembly, where many Democratic lawmakers expressed hesitancy and skepticism over the bill. Assemblywoman Cecelia González (D-Las Vegas) questioned whether the implicit bias training requirements in the legislation would be the same across the board at different properties, and said the circumstances described by proponents in which the bill would apply appeared uncommon at best.

“Just to be clear, we are seeking to address an issue that may or may not happen,” she said. “We don’t know.”

Still, supporters stressed that the bill would largely mirror prohibitions on firearm possession at schools and libraries, and said that lawmakers should take similar steps to ensure the safety of the state’s main economic driver — the Las Vegas Strip.

“As we've all noticed, the tourism economy is the lifeblood of our Nevada economy and so we should be paying special attention to the resorts and the casinos and the hotels, and all of the places that people come from all over the world to ensure that they can be safe while they are there,” Senate Judiciary Chair Melanie Scheible (D-Las Vegas) said shortly before the committee vote. “And we should be able to allow those facilities to have this increased and improved amount of safety on their properties.”

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

Front of the Nevada Legislature building

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

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

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

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

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

Medical debt collection

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

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

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

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

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

Marijuana DUI

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

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

Removal of non-functional turf

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

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

Cage-free eggs

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

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

Hairstyle protections

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

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

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

Paid-leave for health purposes

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

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

Tiger King bill

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

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

Banning ‘ghost guns’

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

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

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

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

Those arguments failed to sway Democratic lawmakers.

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

Lowering barriers to birth control

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

Prohibiting ‘doxing’

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

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

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

Hate crime changes

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

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

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

Back on Track Act 

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

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

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

HOA debt collection

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

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

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

Marriage license fees to help domestic violence victims

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

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

Land and water conservation

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

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

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

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

Allowing college athletes to profit off their likeness

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

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

Criminal justice changes

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

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

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

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

K-12 Education

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

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

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

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

Higher education changes

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

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

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

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

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

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

Economy & Business 

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

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

Banning racist school logos or mascots

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

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

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

Pot for pets

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

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

Record sealing for pandemic summary evictions

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

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

Reporter Jacob Solis contributed to this report.

Contentious bill banning ‘ghost gun’ assembly kits sees heated hearing

Various handguns as seen on display inside Discount Firearms & Ammo in Las Vegas on Wednesday, Aug. 19, 2018.

Despite moving forward without contentious language allowing casinos to ban firearms on their property, hot-button legislation seeking to ban “ghost gun” firearm assembly kits elevated familiar battle lines on Tuesday.

In a roughly three-hour hearing in the Senate Judiciary Committee, lawmakers heard details of AB286, a bill sponsored by Assemblywoman Sandra Jauregui (D-Las Vegas) — a survivor of the 2017 mass shooting in Las Vegas that left 59 dead and hundreds injured. In the years since the shooting, Jauregui has become a vocal advocate for gun control in the Legislature — sponsoring a bill in 2019 banning “bump stock” modifications and allowing courts to issue extreme risk protection orders (so-called “red flag” laws) that allow for preemptive seizing of a person’s firearms.

The bill has attracted the typical amount of partisan fervor and impassioned testimony on firearm-related legislation — attracting the most opinions of any bill this legislative session and passing out of the Assembly on a party-line 26-16 vote in April. Still, Jauregui said the legislation was a necessary step to address the “rising epidemic of unmarked untraceable guns, also known as ghost guns.”

“We have made progress in the years since then, but we've also continued to see violent incidents that have left Nevadans questioning the safety of our community,” she said.

As currently written, the bill would generally prohibit a person from possessing, purchasing, transporting or receiving any unfinished frame or receiver of a firearm, or assembling any firearm not imprinted with a serial number. A person found violating those provisions would be guilty of a gross misdemeanor, with repeat offenses punishable by a Category D felony.

The bill allows for some exemptions, including for a person who is a licensed firearms importer or manufacturer, part of a law enforcement agency, or if the unfinished frame or receiver has already been imprinted with a serial number. It would also exempt any firearm that has been rendered permanently inoperable or is considered an antique or a collector’s item.

Advocates pointed to a sizable number of “ghost guns” recovered in the past year (10,000 nationwide in 2020, according to an estimate by the Bureau of Alcohol, Tobacco, Firearms and Explosives), and said the lack of laws and regulations meant it was easier for felons and other prohibited persons to obtain firearms.

Brady Campaign representative Steve Lindley, a former chief of California’s Bureau of Firearms who helped present the bill, showed committee members an example of an unfinished frame as part of a firearm assembly kit sold by Polymer80, a Nevada-based company that sells a popular "Buy Build Shoot," assembly kit. He said it took between 20 to 40 minutes to build the firearm, and that law enforcement every year recovered an increasingly large number of “ghost guns.”

“This problem is here, it is growing and is about to become uncontrollable for government and law enforcement to take action, unless we do something about it right now,” he said during the hearing.

The proposed legislation attracted opposition from Republican lawmakers, the National Rifle Association, law enforcement agencies and a host of firearm enthusiasts, who called the measure unclear and unfairly punitive to hobbyists without a clear rationale or way to show that it would be effective.

Sen. James Settelmeyer (R-Gardnerville) questioned whether the bill would force him or others to relinquish decades-old firearms still in use that were produced before serial numbers were required. Sen. Ira Hansen (R-Sparks) said he didn’t see how a serial number requirement would “magically stop” felons or criminals from obtaining or possessing firearms.

“The idea that there are these criminal elements out there that are going into their garages...and making barrels and then attaching them to polymer handles and then bypassing the entire background check process, it lacks common sense,” he said.

Eric Spratley, representing the Nevada Sheriffs' and Chiefs' Association, also called in to oppose the bill on procedural grounds — saying the provisions of the legislation did not give police clear instructions on how to implement or enforce the new provisions. He said the association had proposed a procedural amendment focused on implementation that was ultimately rejected, which left the association opposed to the measure.

“If it’s confusing here, and the presenters aren’t clear on what the bill does and when, how are our Nevada law enforcement officers expected to know when to take proper enforcement action?” he said.

The original version of the bill included language aimed at giving major casino resorts a greater ability to prohibit firearms on their property, but those sections were amended out amid concerns from criminal justice advocates that those provisions could disproportionately affect minority populations, according to the Associated Press.

Despite the amendment, battle lines on the bill didn’t budge. Gun control advocates and Democratic-aligned groups said the measure would help curb gun violence in the state, with firearm advocates warning that it would arbitrarily punish lawful gun owners and do little to stop prohibited persons from obtaining firearms.

Many supporters of the bill said they were disappointed that many recovered “ghost guns” were assembled from parts manufactured and sold from the Dayton-based Polymer80 — which was raided by federal agents in December 2020 on suspicion that it was illegally manufacturing and distributing firearms.

“This is not a statistic that our state can be proud of,” Brady Nevada representative Christiane Brown said during the hearing. “Responsible gun owners don't need untraceable weapons, responsible gun owners register their firearms legally, and they purchase their weapons from licensed sellers.

The bill is advancing alongside federal efforts by President Joe Biden’s administration and the U.S. Department of Justice to expand the definition of “firearm” as a way to crack down on “ghost guns.” The president ordered the Department of Justice last month to crack down on firearm kits after mass shootings in Georgia and Colorado.

The Department of Justice filed a proposed rule on “ghost guns” on Friday, that would require gun retailers to run background checks before selling any firearm assembly kits, and requiring them to include a serial number on firearm kit parts or any other nonserialized firearm they intend to sell.

David Pucino, a senior staff attorney at Giffords Law Center, said AB286 was designed to go further than the proposed federal rule and capture additional firearm assembly kits, describing the legislation as “concurrent and would be mutually supportive.”

National Rifle Association lobbyist Dan Reid countered, saying that the bill as written would mostly burden hobbyists who build their own firearms or owners of older firearms without a clear public safety rationale.

“This world is far bigger than that and will go after firearms that have been made for personal use by law-abiding people for a long time,” Reid said.

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

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

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

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

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

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

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

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

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

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

TUESDAY

Banning ‘ghost guns’

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

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

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

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

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

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

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

Housing protections

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

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

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

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

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

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

Tenant protections

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

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

Restorative justice before expulsion

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

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

Five Republicans opposed the bill.

Transparency on food delivery fees

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

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

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

Bail reform

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

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

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

HIV laws overhaul

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

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

Banning the declawing of cats

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

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

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

Allowing college athletes to profit off their likeness

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

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

Prohibiting ‘doxing’

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

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

Lawsuits over sexual exploitation

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

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

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

Notaries charging more

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

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

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

Cage-free eggs

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

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

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

Citations, rather than arrests, for minor crimes

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

Multi-parent adoption

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

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

Small business advocate

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

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

MONDAY

Sealing eviction records during COVID

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

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

Unemployment bill

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

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

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

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

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

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

Lowering barriers to contraception

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

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

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

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

Keeping wage history private

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

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

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

Four Republican senators opposed the bill.

‘Pattern and practice’ investigations of police agencies

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

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

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

Jury trials for misdemeanor domestic violence cases

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

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

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

Mining oversight

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

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

Hairstyle discrimination

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

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

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

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

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

Paid leave for health reasons and getting vaccine

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

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

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

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

HOA debt collection

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

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

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

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

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

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

Hate crimes

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

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

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

Savings accounts for low-income Nevadans

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

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

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

Ratios of students to social workers

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

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

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

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

Statewide human trafficking plan

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

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

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

Republican-introduced bills decimated by committee passage deadline

The majority of bills introduced by Republican legislators this session failed to advance past last Friday’s first committee passage deadline, with nearly half of GOP-sponsored bills dying without a hearing.

Out of 249 bills and resolutions introduced by Republican legislators this year, 162 died at the deadline, including 121 bills that never received a committee hearing. Some of the top Republican-backed efforts that failed included election bills repealing expanded mail voting (AB134) and requiring proof of identity before voting (AB137, AB163) and attempts to curb the governor’s emergency powers (AB93, AB373).

A handful of Republican senators bore the brunt of that devastation, including Minority Leader James Settelmeyer (R-Minden), Keith Pickard (R-Henderson) and Carrie Buck (R-Henderson), who combined to sponsor 34 bills that never received a hearing prior to the deadline.

Pickard, who backed out of a deal with Senate Democrats during 2020’s special session, led that group with 13 bills that died without a hearing. However, Pickard does have some bills left alive, as six of his 20 introduced bills were ruled exempt from the deadline.

Buck, a freshman lawmaker who does not have a single bill left alive and received a hearing for only one piece of legislation she introduced, said on Twitter during deadline week that she thinks the policy this session is “ALL bad.”

In this year’s Democrat-controlled Legislature, lawmakers in the majority fared better. Of 334 bills introduced by Democrats, 78 died at the deadline, with only 46 of those never receiving a hearing.

Some Democratic lawmakers even escaped the first deadline with no casualties. Assembly members Cameron “C.H.” Miller (D-North Las Vegas), Daniele Monroe-Moreno (D-North Las Vegas), Sandra Jauregui (D-Las Vegas) and Susie Martinez (D-Las Vegas) introduced a combined 26 bills this session, none of which died last Friday.

Several Democratic lawmakers were not as fortunate. Assemblywoman Michelle Gorelow (D-Las Vegas) and Sen. James Ohrenschall (D-Las Vegas) were the only lawmakers in their party to have more than half of their introduced bills killed at the deadline. Several of those failed bills were controversial, including an effort to curb use of the death penalty and a bill that would have established an opt-out organ donation system.

With the next major deadline less than a week away, Republican legislators are facing another potential wave of dead bills, as more than 90 percent of their remaining measures have yet to receive a floor vote.

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.