With approval of consumption lounges, state ushers in next expansion of cannabis industry

After a tumultuous round of dispensary licensing in 2018 brought uncertainty and infighting to the state’s nascent cannabis industry, the Cannabis Compliance Board (CCB) assumed the marijuana regulatory reins in 2020, cracking down on bad actors and providing specialized regulation that brought stability to the industry ahead of the 2021 legislative session.

From that baseline, lawmakers took a major step this session to expand and diversify the industry’s disproportionately white and male ownership and also provide tourists with a place to legally consume marijuana by creating a new license type for cannabis consumption lounges. They also approved a slew of other changes — including allowing permanent curbside pickup, revising how law enforcement determines whether someone is driving under the influence of marijuana and changing product labeling — built from lessons learned in the eight years since the state first authorized marijuana dispensaries.

“It's been a long journey from where we started, really, in the 2013 session and then launching dispensaries, so it's really nice to see how the industry has matured,” said Assemblyman Steve Yeager (D-Las Vegas). “The legislation that we see this session is really in recognition that we've primarily done things right and to try to take that next step.”

After the compliance board began its work governing the state’s marijuana industry in July 2020, the 2021 legislative session presented the agency with an important opportunity to hold conversations with lawmakers, said Tyler Klimas, the board’s executive director.

“We’re very pleased with how the CCB came out in this session … So much of this particular legislative session was about education for the CCB,” Klimas said. “In 2021, this was really our first chance to come back in front of the Legislature and update them on the progress of the CCB … I think the Legislature was very receptive to our message.”

The session saw a wide variety of cannabis-related legislation passed that Yeager emphasized was largely aimed at implementing best practices and making selective tweaks to existing regulations. He also noted that many of those changes came as the pandemic saw more people get comfortable with marijuana use.

“I think the stigma is definitely going to lessen. I think it did during the pandemic … I think we have a lot of new customers in the cannabis industry because of the pandemic,” Yeager said. “The more we sort of move forward as an industry, consumers will become more comfortable with it.”

Here’s a look at the bills that passed during the session related to the state’s marijuana industry and the work of the CCB, all of which have been signed into law by Gov. Steve Sisolak:

AB341: Authorizing cannabis consumption lounges

The biggest change for the marijuana industry from the 2021 legislative session comes by way of AB341, a bill that provides for the licensing and regulation of cannabis consumption lounges by the CCB.

The measure, introduced by Yeager, has been heralded as a major step by many in and around the industry as a way to increase diversity in the state’s disproportionately white group of cannabis business owners. Throughout the session, the Las Vegas-based assemblyman also described the consumption lounges as a way for the state to solve tourists’ dilemma of having no legal place to consume cannabis.

“I see that only as a plus from the tourism aspect,” Yeager told The Nevada Independent in an interview. “But then on the local side, right, being able to bring in new players into the business, having that create jobs — that's really important coming out of the pandemic.”

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

Though a cannabis consumption lounge does already exist near Las Vegas in the form of NuWu Cannabis Marketplace, which sits on the land of the Las Vegas Paiute Tribe, Yeager’s bill allows for the first state-licensed and regulated locations where Nevadans will be able to consume cannabis outside of their homes — and where tourists will be able to legally use marijuana products. 

Lounges will be restricted to people 21 and over, and venues will be able sell ready-to-consume or single-use products, although not in quantities that would make them de facto retail cannabis dispensaries.

Scot Rutledge, a lobbyist who serves on the advisory board of the Chamber of Cannabis, a nonprofit organization whose members include individuals and businesses within the marijuana industry, said that many members have expressed enthusiasm about the lounges.

“There’s a tremendous amount of excitement because this is the first time in Nevada we're providing for a new license type,” Rutledge said. “The intent is to allow folks who aren’t in the industry to have as much of a chance, if not more, to participate.”

The bill allows for the initial licensing of up to 20 independent consumption lounges and 20 retail consumption lounges that will be attached to existing dispensaries, with the possibility of additional independent licenses if the CCB approves more than 20 retail lounge licenses before June 30, 2022.

Those new licenses open up the possibility of expanding diversity within the ownership of the industry, which has been limited in the past. A demographic report on the state’s cannabis industry released by the CCB in February showed that marijuana business owners and board members in Nevada are disproportionately white and male, compared to the industry workforce, which is made up of a greater proportion of people of color.

The bill explicitly prioritizes expanding diversity within the industry by requiring at least 10 of the first 20 independent lounge licenses to be issued to social equity applicants.

“Those 10 licenses are reserved for social equity applicants, and if there aren't any, they stay there until there is. They don't get redistributed among other people,” Yeager said. “We're purposely holding some back, which I'm hoping is going to help us achieve the purpose.”

However, the definition of a social equity applicant is left up to the discretion of the CCB. Klimas said that definition will be established with the help of an equity, inclusion and diversity subcommittee formed under the Cannabis Advisory Commission.

“We'll need to define what a social equity applicant is. That's really the start of it,” Klimas said. “What does it mean to be an individual that has been harmed by the War on Drugs and how can we help get those individuals into this industry.”

The measure also allows the CCB to give more financial leeway to social equity applicants. An application for a retail consumption lounge costs $100,000, but an application for an independent consumption lounge costs $10,000, and the license issuance and renewal fees are each $10,000 for both types of lounges. But the bill also allows the board to reduce all fees by up to 75 percent for a social equity applicant.

Outside of social equity, the bill leaves much of the regulatory work to the board, with the ability for local governments to provide additional regulations through ordinances.

“We just didn't believe that 120 days was really enough time to sort of figure out some of the details around how these venues might be operated or all of the things that need to be considered in licensing those businesses,” Rutledge said. “So I think we did it the right way by deferring a lot of those decisions to the CCB.”

Klimas said that prior to the licensing of lounges, the board will spend the next several months developing the regulations for the new cannabis establishments, through workshops, board meetings and advisory commission meetings.

The 2018 licensing round, conducted by the Department of Taxation, was marred by accusations that state officials played favorites and unevenly distributed key information about application scoring.

“Given some of the past licensing processes, this process is going to be about openness and transparency and thoroughness to ensure everybody's on the same page and the board is very public in how we're going to do things,” Klimas said.

Even though the CCB will complete most of the regulatory work, Rutledge emphasized that there is a certain framework he and other cannabis advocates hope to establish for the lounges. One aspect of that came from law enforcement, which did not want to see marijuana and alcohol sold in the same place. Another is focused on ensuring that businesses have more freedom in operating their lounges, because the bring-your-own-marijuana model has been ineffective for such businesses outside of Nevada.

“We also understood that what they had done in Denver originally … that didn't allow these lounges to sell cannabis — it was a bring your own cannabis model — and those did not work very well, either.” Rutledge said. “The idea of having just a place where patrons who purchase cannabis of your dispensary could walk in and consume and leave with really no entertainment or food or beverage. That wasn't what we wanted to get to.”

Layke Martin, executive director of the Nevada Dispensary Association, said both the retail and independent lounges could foster new ideas within the industry.

“I think there's a lot of opportunity for creativity and entrepreneurship,” Martin said. “I think a lot of these can become a destination, in and of themselves. And so it could be a video game thing where you can also consume cannabis. Or it could be like a tasting room situation where you can also consume cannabis, and you have the opportunity to get educated and try new products, kind of like a tasting room in a winery.”

Martin also noted that several existing dispensaries, including Planet 13 and The Apothecary Shoppe, have been planning for the possibility of lounges since the idea was brought forward and then axed during previous legislative sessions. She said that “some already have the space ready to go.”

Dispensary with casinos in background
Planet 13 Cannabis Dispensary located near the Las Vegas Strip is seen Friday, Dec. 6, 2019. (Jeff Scheid/The Nevada Independent)

While Klimas said that it likely won’t be until the beginning of next year or even mid-2022 when the new licenses “come on board,” Yeager sees the lounges as a way to help boost the return of the state’s economy.

“I can tell you without a doubt that Vegas is back in a really big way, and I think the addition of consumption lounges is only going to add to that,” Yeager said. “I actually think it's going to put Las Vegas on the map, to the extent that it isn't already, to be the cannabis destination, especially if we're able to open up some really interesting, innovative concepts.”

The Assembly and Senate approved the bill 29-12 and 17-3, respectively, with the Senate passing the bill on the last day of the session, as Sens. Dina Neal (D-Las Vegas) and Fabian Doñate (D-Las Vegas) were the only members of their party to oppose the measure.

Customers gather inside NuWu Cannabis Marketplace at 1235 Paiute Circle on Thursday, March 14, 2019. The dispensary is owned by the Las Vegas Paiute Tribe. (Jeff Scheid/The Nevada Independent)

AB149: Increasing transparency of cannabis testing

This bill, sponsored by Assemblywoman Sarah Peters (D-Reno), requires the board to develop, implement and maintain an online database where the public can find information about cannabis products tested by laboratories in the state.

The CCB still needs to receive approval from the Legislature’s Interim Finance Committee in order to fund the database, which is projected to cost nearly $250,000 over the next two years, but Klimas expressed enthusiasm about offering the feature to consumers.

“It's just another level of transparency that we can bring out. I would do it tomorrow if I had the capacity to do it,” he said. “This data should be available for everybody to use. Right now, you can go to a dispensary, and if you purchase a product, you can ask for the certificate of analysis. So you can see that kind of information, [but] some people don't know they can ask for it.”

Some of the state’s independent labs have in the past voiced concerns about transparency. In 2019, an association of four marijuana testing labs rebuked certain unidentified labs over allegations that the labs were inflating THC content readings and giving fewer samples a failing grade in an attempt to attract more business.

The measure builds off of existing law that requires the CCB to establish standards for independent cannabis testing labs, which test cannabis and cannabis products for a variety of factors, including for microbial substances (bacteria, molds, and yeasts), potency of the product (cannabinoid and terpenoid profiling), heavy metals and pesticides.

The information available online will be based off of the seed-to-sale tracking that the board uses to track cannabis products as they are grown and sold throughout the state, and the database also will be required to contain the final results of all testing performed on cannabis products by an independent lab.

The Assembly and Senate approved the bill with no opposition. Sen. James Ohrenschall (D-Las Vegas) did not vote on the measure because his wife, Riana Durrett, is a member of the CCB.

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

SB168: Curbside pickup for cannabis products

Sponsored by Sen. Roberta Lange (D-Las Vegas), this bill authorizes and allows dispensaries to offer curbside pickup in accordance with regulations adopted by the CCB. The measure legalizes a practice first allowed last year when the state was still in a coronavirus-related stay-at-home order.

Some of the present-day features of curbside pickup include designated parking spaces for pickup, security cameras with a direct line of sight to those spaces and a prohibition on people less than 21 years of age being in the vehicle. 

Proponents of the measure have touted the service as beneficial to businesses and a way for customers to more conveniently obtain their products.

“Customers really liked it, actually,” Martin said. “If you go through reviews of dispensaries, you'll often see curbside pickup positively viewed as a feature.”

The measure additionally allows local governments to adopt ordinances regulating curbside pickup beyond the rules adopted by the board.

The bill was approved in a 35-6 vote in the Assembly and a 19-1 vote in the Senate, and the governor signed the measure on May 27.

Parking space marked for Thrive Dispensary
A parking space outside the future Thrive dispensary in Reno on Sept. 27, 2019. Photo by David Calvert.

SB122: Extra health and safety training for cannabis employees

This bill, sponsored by Sen. Chris Brooks (D-Las Vegas), requires employees of cannabis establishments, including cultivation and production facilities and dispensaries, to complete a health and safety course developed by the federal Occupational Safety and Health Administration (OSHA) within one year of being hired.

Employers are required to cover the cost of the training and are required to fire an employee who has not completed the training within one year. Employees hired before July 1, 2021 are required to complete the OHSA training program by July 1, 2022, and certain employees not involved in the day-to-day operations of an establishment, as well as communications and legal employees, are excluded from the requirement.

The required training includes a 30-hour course for supervisory employees and a 10-hour course for other employees, which must be conducted by an authorized outreach trainer and may be online or in person.

Though there are other training requirements already in place for employees of cannabis businesses, Martin emphasized the importance of such training.

“It's a highly regulated industry. Safety and security [are] paramount,” she said.

The bill passed 31-11 in the Assembly and 14-7 in the Senate, with some Republican lawmakers voting against the measure. During a committee vote on the bill in March, a few Republican senators expressed concerns that the bill would be onerous and unnecessary for retail employees in the industry.

Criminal justice changes

AB400: Marijuana DUIs

This Yeager-sponsored measure, which went into effect on July 1, removes specific “per se” limits for cannabis metabolites that if found in a person’s blood would trigger a DUI — except for in cases where the DUI is punishable as a felony, including those that caused someone’s death or substantial bodily harm. Cannabis metabolites are the substances that form when THC is broken down in the body.

Under this law, drivers generally will be considered to be under the influence of marijuana if the substance has impaired their ability to safely operate their vehicle, instead of having impairment determined by a test for a specific amount of marijuana in their blood or urine.

“There's no scientific basis toward ‘per se’ limits,” Rutledge said. “That's problematic for anyone who consumes cannabis, certainly. It's especially cruel to patients who theoretically consume larger amounts of THC than the average recreational consumer and may not actually be under the influence while operating a vehicle.”

Yeager explained that the science has shown for years that the “per se” limits are not an accurate reflection of impairment because cannabis is metabolized differently in different people’s bodies.

“I was up at the session in 2013 and 2015 as a lobbyist,” he said. “And I remember talking back then to folks in the Legislature about the DUI laws because cannabis is this weird ... space because it's federally illegal but legal in the state. And our state laws around DUI really contemplate its federal illegality, and we're almost zero tolerance.”

Yeager said that it took a long time for other people to get comfortable with the idea behind the bill and realize that impairment for cannabis cannot be treated the same as alcohol, which ultimately led to his measure passing during the 2021 session.

The bill was passed along party lines in the Assembly with Republicans opposed and passed out of the Senate on a 15-6 vote, with some Republican senators opposed.

AB158: Lessening penalties for minors possessing marijuana

This bill from Assemblywoman Daniele Monroe-Moreno (D-North Las Vegas) significantly lightens penalties for minors who purchase or possess alcohol or cannabis, including prohibiting jail time and fees for first and second offenses.

In an interview with The Nevada Independent, Monroe-Moreno framed the measure as a way of being constructive with children who make mistakes, rather than strictly punitive. Proponents of the measure have described the bill as another way to help the communities most negatively affected by the War on Drugs.

For people under the age of 21 who are found guilty of a misdemeanor for possessing, consuming or purchasing alcohol or possessing less than one ounce of cannabis, the bill replaces misdemeanor penalties of up to six months jail time and up to a $1,000 fine with penalties of up to 24 hours of community service and a requirement to attend a meeting of a panel of victims injured by a person who was driving under the influence of alcohol or a controlled substance.

The bill also revises the penalties for a second violation to require up to 100 hours of counseling or participation in an educational program, support group or treatment program.

The measure was approved unanimously in the Assembly and Senate and was signed into law by the governor on May 28.

AB326: Cracking down on the illicit market

Sponsored by Assemblyman Tom Roberts (R-Las Vegas), who previously worked for the Las Vegas Metropolitan Police Department, this bill aims to curb the state’s illegal cannabis market by authorizing a district or city attorney to bring a civil action — with a penalty of up to $50,000 — against any person who engages in a cannabis business activity, including cultivating and selling cannabis, without a license. Someone who commits such a violation could still be subject to a criminal prosecution.

The bill also seeks to bring more transparency to existing businesses, while restricting illegal marijuana delivery services, by requiring all advertising for a cannabis establishment to contain the establishment’s name and license number.

“It's really intended to keep the black market, the illicit market, from operating within the shadow of the legal market,” Martin said.

The bill received no opposition in votes in the Assembly and Senate, with Ohrenschall recusing himself from the vote when it passed out of the Senate on May 21.

Regulatory changes

SB168: Granting the CCB regulatory power over packaging and labeling

In addition to making curbside pickup a permanent feature for cannabis businesses, this measure authorizes the board to adopt regulations for the packaging and labeling of cannabis and cannabis products.

“We have really extensive packaging and labeling regulations on the books right now,” Klimas said. “What this bill allows and recognizes is that this is an ever-evolving industry, so let's make sure the board has the power to … host workshops and get stakeholder feedback both from the public and the industry. And if we need to make changes on packaging and labeling, then we can do that and we don't have to wait every two years.”

Klimas added that the board will regularly host workshops focused on labeling and packaging, so that the agency can “constantly stay ahead” on regulations.

The bill was approved in a 35-6 vote in the Assembly and a 19-1 vote in the Senate.

A customer and retailer exchanging money at a cannabis retailer
A medical marijuana patient, right, pays for cannabis at Reef Dispensaries at 3400 Western Ave. on Wednesday, Feb. 15, 2017. (Jeff Scheid/The Nevada Independent)

SB49: Changes to CCB disciplinary hearings

This bill, brought forward on behalf of the CCB, makes a number of changes to disciplinary hearings conducted by the board — including authorizing the CCB to employ support staff for conducting such hearings, authorizing the chair of the board to grant extensions to the 45-day requirement within which hearings must be held and removing an authorization for the board to take the testimony of a witness by deposition because of the intensive time and resources typically required for depositions.

The measure also removes a barrier for minor stakeholders in cannabis businesses, allowing the board to adopt policies for waiving the registration requirements for people who have an ownership interest of less than 5 percent in the establishment. That provision is meant to lighten the burden for publicly traded companies.

David Staley, an audit investigator for the board, said during a February hearing for the bill that the background check and registration requirements can be restrictive for publicly traded companies with thousands of shareholders that have shares traded on a daily basis.

Under this bill, the labeling of cannabis products offered for sale is required to include the words “THIS PRODUCT CONTAINS CANNABIS,” rather than “THIS IS A MEDICAL CANNABIS PRODUCT” or “THIS IS A CANNABIS PRODUCT.”

No lawmakers voted against this bill; the measure passed 41-0 and 20-0 in the Assembly and Senate, respectively.

SB278: Clarifies the cannabis wholesale tax

Sponsored by Sen. James Settelmeyer (R-Minden), this bill clarifies the definition of “wholesale sale” for the purpose of the marijuana excise tax.

“It just clarifies [that] facilities that are owned by the same individuals can move product back and forth if one facility is more capable of performing a function than the other one,” Klimas said. “That just clarifies … when that is actually taxed.”

The bill passed through both chambers with no opposition and was approved by the governor on June 3.

SB404: Authorizes regulations for cannabis weighing and measuring equipment

Brought forward on behalf of the Governor’s Office of Finance, this bill authorizes the State Sealer of Consumer Equitability to adopt regulations for cannabis weighing and measuring equipment. The bill is meant to update existing law, which did not previously include references to cannabis-specific equipment.

The measure passed 20-0 out of the Senate, while members of the Assembly voted to pass the bill 33-8, with some Republican lawmakers opposed.

Cannabis on display at Reef Dispensaries, 3400 Western Ave., on Wednesday, Feb. 15, 2017. Photo by Jeff Scheid.

Other bills

AB101: Authorizes veterinarians to administer CBD products to animals

This measure, sponsored by Yeager, authorizes licensed veterinarians to administer products containing CBD or hemp in the treatment of an animal and to recommend use of such products to pet owners. It also prohibits the state Board of Veterinary Medical Examiners from taking disciplinary action against veterinarians who administer or use such products.

As Yeager notes, this bill — nicknamed the “pot for pets” bill — does not actually deal with marijuana, as do several other measures he sponsored. Cannabis contains more THC and less CBD, while hemp products (authorized for use by this bill), contain more CBD and less THC. The two compounds are both found in plants of the Cannabis genus.

“It was surprisingly easy to get through, this time,” Yeager said of the measure, which has been considered but rejected in past legislative sessions. “And maybe that's just the comfort level that we have, Nevadans have, not just with the cannabis industry but certainly with CBD. I think a lot of people have experience with CBD at this point.”

The bill was approved 40-0 in the Assembly and 20-0 in the Senate, before being signed into law by the governor on May 28.

SB58: Investigations into cannabis offenses

Brought forward on behalf of the Investigation Division of the Department of Public Safety, this measure is aimed at improving coordination between state agencies during cannabis-related investigations by requiring the division to provide investigative services to help carry out criminal investigations relating to cannabis when requested by the CCB, Department of Taxation or Division of Public and Behavioral Health.

This legislation passed with no opposition in the Assembly or Senate.

Failed licensing efforts

While lawmakers authorized the licensure of 40-plus new cannabis establishments through consumption lounges, discussions of adding other new license types stalled during the session.

SB235: Dual licensing

This measure, sponsored by Sen. Dallas Harris (D-Las Vegas), would have allowed the CCB to issue cannabis establishment licenses in excess of the caps set by the state when the licensing of adult-use cannabis dispensaries began. The new licensing procedure, intended to prioritize social equity applicants and increase the number of new licenses, would be determined by a study conducted by the board every two years.

However, the bill was met with significant backlash, even sparking internal conflict within the Nevada Dispensary Association that resulted in some members leaving the group. Some smaller operators within the association favored an amendment that sought to give those who lost out during a 2018 round of licensing a chance to receive a license.

The amendment, which would have established a path for adding a significant number of new licenses for those who lost out in 2018, reignited arguments from a yearslong legal battle over the previous licensing round and disputes about whether the market can support a large number of new marijuana stores.

As of June, there were 85 active dispensaries licensed by the CCB, with the possibility for roughly 40 more dispensaries approved during the 2018 licensing process. Unlike other business types, the number of retail cannabis stores in the state is strictly capped. 

Nevada law allows counties to have a certain number of dispensary licenses based on population, with current numbers allowing for up to 80 licenses in Clark County, 20 licenses in Washoe County, four licenses in Carson City and Lyon County, and two licenses in all other counties. However, local regulations can further restrict the number of licenses allowed in a county.

Though Yeager never heard the measure in the committee he chaired, he said there was a lot of controversy surrounding the idea. 

“The industry itself was so conflicted on that concept, and it just kind of blew up,” he said.

The legislation never received a vote on the Senate floor.

Medical marijuana and retail customers stand in line to check out at The+Source dispensary in Henderson on Thursday, November 9, 2017. (Jeff Scheid/The Nevada Independent)

AB322: Licensing cannabis events

Sponsored by Assemblyman C.H. Miller (D-North Las Vegas), this bill aimed to establish a form of “micro-licensing” by allowing the CCB to issue a new license type for cannabis events where products could be sold and consumed. Events could be similar to food festivals, for example, where different vendors sell marijuana products at the event and attendees are able to consume the products at the event.

With a financial impact estimated to be in the millions by the CCB, the measure never received a hearing in the Assembly’s money committee but was touted as a positive next step by proponents of other cannabis legislation.

“I think it's a good concept,” Yeager said. “I think we were just very wary of doing too much at one time, given how long it's taken us to get cannabis lounges up … Probably, [the] next step is cannabis events and licensing of larger events because the truth is people are consuming those events anyway. We know that, so we probably should regulate it in some fashion.”

Even though the CCB will only have two new types of licenses to work on over the next two years with the addition of retail and independent consumption lounges, Klimas said the board is still thinking about future rounds of licensing.

“Obviously lounges will be a licensing round, but when we're talking about the traditional establishments, like cultivation, production and retail, we're going to open up those licensing rounds at some point,” Klimas said. “But we want to make sure that those decisions on how many to award, how many to open up are driven by data.”

Though an effort to establish a cannabis market study failed with SB235, Klimas said that the board is still planning to perform a comprehensive study of the industry, likely conducted by a third party that Klimas hopes will provide an unbiased look at the market.

“We want to know what is the health of the market in the state of Nevada, what's our supply, what's our demand, what are our needs,” Klimas said. “That's going to be something exciting over the next year or two to get those results and see where this industry needs to continue to mature towards and how the CCB is going to facilitate that. That'll likely end up and result in new legislation that we’ll bring forth in the 2023 legislative session.”

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.

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.

Birth freedom in Nevada, only state in the west that does not license midwives

A bill to create a Board for Licensed Certified Professional Midwives aims to set education and training requirements for the profession, but faced backlash and concern of overly restricting birthing options.

The board established by AB387, sponsored by Democratic Assemblywomen Daniele Monroe-Moreno and Sarah Peters, would create a licensure process that Nevada does not have. Bill presenters explained that the license is optional and not required to practice midwifery in the state but would create a standard of practice, close the divide between home and hospital providers, provide accountability and improve outcomes.

“This has been a practice that has gone on for thousands of years, and I didn't want to negatively impact those who did not wish to have a license,” Monroe-Moreno said. “Licensure is the key to providing safe care for Nevadans that is consistent with the scope of practice, defined by the profession.”

The bill comes in the wake of a Las Vegas mother suing her midwife after her home birth resulted in one of her twins dying.

Members of the Assembly Commerce and Labor committee voted the bill out on Friday, along with a substantial amendment. 

According to bill presenters, out-of-hospital births with a midwife allow mothers to have choices and plan on how they give birth, and not just follow a hospital’s birth routine. Out-of-hospital births can also be more cost effective including for those covered under Medicaid, saving families and the state money.

The bill would give mutual freedom of choice for expectant mothers and certified midwives as it allows for an open conversation on what the mother wants and hopes for during birth and what the midwife has experience with, whether she is licensed and whether the mother is comfortable with that. 

“This bill does not take that option [to practice without a license] away at all. The only thing it does is give another option for families and for mothers,” Monroe-Moreno said. “But it also gives the state an opportunity to have midwives who choose to become licensed, and an opportunity to save money on the state side. And no one in any way interferes with a woman's choice, and the licensure is optional.”

Part of the education requirements include midwifery students to obtain their education from a Midwifery Education Accreditation Council (MEAC) institution, as opposed to Portfolio Evaluation Process (PEP) which is an apprenticeship program. 

But there are no MEAC accredited midwifery schools in Nevada, which brought up concerns during a hearing last week that students may not be able to relocate out of state to attend in-person programs, online classes are difficult to access to those living in rural areas and tuition at MEAC schools might be unaffordable because only about half accept federal student aid. 

Certified midwives who practice and trained in the PEP model and would like to become licensed would have to pass an exam and complete skills checks to be eligible to apply for licensure. 

There’s also a similar bill aiming for midwife licensure being considered in the Senate, SB271, which was introduced by Sen. Scott Hammond (R-Las Vegas). That bill failed to pass out of committee before Friday’s deadline.

Representatives of the Nevada Association of Midwives said during public comment the organization opposes AB387 and believes SB271 is better fit to address the licensure issues but are willing to further work with Monroe-Moreno on AB387. 

“One of the consistencies of this discussion, regardless of opposition or support, has been the idea of choice that birthing people deserve,” Peters said. “The current single model of covered care does not work to allow for those choices to be made by all birthing people.”

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.

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

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

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

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

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

Raiders included in ticket tax

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

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

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

More teeth in the public records act

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

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

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

Minimum wage for inmates

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

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

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

COVID rule-free zones

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

Property taxes

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

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

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

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

Affordable housing

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

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

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

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

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

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

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

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

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

Natural gas planning & upgrading energy efficiency 

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

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

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

Reining in tax incentives for businesses

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

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

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

Republican election bills fall flat

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

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

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

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

Right to repair

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

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

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

Community college system

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

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

Curbing governor’s emergency powers

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

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

Abortion notification

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

Permanent Daylight Savings Time

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

Bill giving tenants more notice before increased rent openly embraced; landlord registry receives less enthusiasm

One of the 2021 legislative session's hot button issues has been the effort to expand tenants' rights and protections amid pushback from homebuilders and landlords who say some proposed changes could lead to increased home construction prices. 

But on Monday, both sides said they support proposed legislation that would give renters more of a heads up on rent increases, even as there was a less warm reception for a bill that would create a statewide landlord database and registry.

AB308, sponsored by Speaker Jason Frierson (D-Las Vegas) and presented during an Assembly Commerce and Labor Committee hearing, would increase the timeline for notification of rent increases from 45 to 60 days in advance for rentals that are longer than a month and increase it from 15 to 30 days for a tenancy that is less than a month, such as weekly rentals. Frierson's bill also proposes that a landlord may not charge a late fee as long as the rent is paid within three calendar days of the due date.

"Housing continues to be a large percentage of a family's monthly expenses," Frierson said. "As Nevada continues to see slower economic recovery, as compared to other states across the country, I believe it's critical that we find ways to help tenants adequately prepare for the unexpected while not placing excessive burdens on landlords."

Teresa McKee, CEO of Nevada REALTORS, along with other landlords and property managers, lauded AB308 as a "balanced and transparent approach to landlord-tenant issues." McKee said most property managers and landlords are transparent with tenants, but the bill is aimed at landlords who are not.

"We know there are some landlords who are not as transparent and may not have that kind of relationship with their tenants," McKee said. "Both of the time periods proposed would now require such transparency from all landlords, in a way that is fair and equitable."

Bailey Bortolin, a representative of the Nevada Coalition of Legal Service Providers, said the bill would help tenants dependent on Social Security Income that typically comes on the third of the month.

"Many [Social Security recipients] have been paying a late fee every month for over a year now, because they don't have an opportunity to catch up," Bortolin said. "So, this will be much needed reprieve for those members of our community."

Another bill heard Monday aimed at increasing transparency around the rental market was met with less enthusiasm.

AB332, sponsored by Assemblywoman Sarah Peters (D-Reno), would require the Housing Division of the Department of Business and Industry to establish a registry of landlords.

The registry would contain:

  • A landlord's first and last name, state and county of residence
  • The number of rental units the landlord owns in Nevada, along with the addresses for each of those units
  • The amount and frequency of rent charged for each unit 
  • Property manager information, when applicable.

The measure is designed to help policymakers understand the scope and trends within Nevada's rental market through an analysis of data collected over the next two years, Peters said.

"What I'm really looking at are market drivers … and how are we establishing policies and practices across the board at the state and the local levels to help both tenants and landlords manage in that marketplace," she said.

Assemblywoman Heidi Kasama (R-Las Vegas), former president of the Nevada REALTORS Association, said she worried that the data collected would place an undue burden on landlords, infringe on property rights and possibly lead to overregulation.

"What is the goal of all the data ?" Kasama said. "I do think it's getting into the business practice of the owners."

Kasama added that many renters and homeowners could already find existing data using Zillow or the tax assessor's office.

Peters pushed back against the idea, noting that housing data is not always consistent and AB332 would better inform lawmakers. There are also no punitive measures for those who do not comply with the law, Peters said.

"There's no decision being made based on this data, it is just really to inform us on what the market looks like and what's driving it," Peters said.

An amendment proposed by Peters specifies that the bill would only apply to landlords who use a property manager or own three or more units. It also stipulates that associations would report information on behalf of members, and landlords not part of an association would submit their own reports.

Peters said that the legislation excludes landlords with fewer than three properties because those smaller landlords are not huge rental market drivers. The two-year program would help lawmakers understand current trends, but not commit the state to a longer time frame unless future lawmakers wanted to expand the scope of the project, she added.

Assemblywoman Melissa Hardy (R-Henderson) raised concerns about privacy related to landlords' information. Still, Peters said that individual-level data would not be available to the general public, and analysts would aggregate the data before releasing it to an outside party.

As drafted, the Nevada Housing Division estimated that AB332 would cost the state around $400,000 over the next two fiscal years. The funding would provide the division with enhanced rental housing database software and salary for a management analyst to oversee the program.

Benjamin Challinor, a lobbyist with the statewide nonprofit Faith in Action Nevada, praised AB332 as a bill that would build transparency and accountability that goes beyond what sites such as Zillow have to offer.

"This bill will make sure that we're able to register landlords, identify bad actors, and actually go back and use that data in support of legislation in the future," Challinor said. "Other states have passed landlord registries, other municipalities have passed them, and it's done a great job out there." 

Neither AB332 nor AB302 drew any public comments in opposition, and the Nevada State Apartment Association testified in neutral.

"Today's amendment is an excellent first step. We do have some concerns that rental statistics may quickly become stale," said Mackenzie Warren, a lobbyist representing the association. "We really appreciate this bill's push to make Nevada more transparent, which we think is critical in the battle to increase accessibility and affordability."

Out of the shadows: LGBTQ lawmakers reflect on past struggles, future goals

State Senator David Parks, left, greets, Assemblyman Howard Watts II

In late March, Assemblywoman Sarah Peters (D-Reno) stood up in the Assembly chambers to make history — coming out as openly pansexual, one of just three such state legislators in the country.

“Being celebrated for my queerness is weird,” she wrote on Twitter after the floor session. “Being bisexual and pansexual comes with so much guilt and questioning. Am I queer enough? Am I gay enough? What if I end up heteronormative, am I straight? Y'all, we are all enough and worth celebrating!”

But Nevada, as with many other states, has a long history of not celebrating but persecuting individuals who identify as LGBTQ. Almost 160 years ago, state lawmakers enacted anti-sodomy laws that were used to terrify, blackmail and persecute members of the LGBTQ community ⁠— laws that weren’t repealed until 1993. 

And 18 years ago, Nevada voters overwhelmingly adopted a constitutional ban on same-sex marriage that wasn’t fully overturned until a 2014 court decision.

But the path toward full recognition and equality for LGBTQ populations hasn’t always moved in one consistent direction. Six years before voters approved the same-sex marriage ban, the first openly gay member of the Legislature — David Parks — was elected, kicking off a two-decade legislative career that contributed to the state being named one of the best for LGBTQ rights by the time he left office in 2019

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

Peters’ ability to share her sexual orientation on the floor of the Legislature without immediate political or social repercussions is not an overnight shift, but rather a product of decades of advocacy and legislation, LGBTQ advocates and lawmakers say.

Figures such as Parks, former Sen. Lori Lipman Brown, an ally who helped overturn Nevada’s anti-sodomy laws, and Sen. Pat Spearman (D-Las Vegas), the first openly lesbian woman to serve in legislative office, are among those who pushed for equal treatment under the law regardless of sexual orientation and gender identity.

Parks, an introvert by nature, never expected to run for office, but after much “arm-twisting” from members of the state party and after he considered the difference he could make as a legislator, he tossed his hat into the ring in 1996 to run for Assembly.

As an active member of groups addressing HIV/AIDS issues, Parks knew that hiding his sexuality on the campaign trail was not an option.

“There was no way that I could deny that I was gay,” he said. “I don't know if it's the fact that being gay, that I’ve used my life experiences in a way that I'm able to connect with voters from a wide variety of backgrounds, but I seemed to have had a really good connection in that respect.”

State Senator David Parks
State Senator David Parks on Sunday, Aug. 2, 2020 during the third day of the 32nd Special Session of the Legislature in Carson City. (David Calvert/The Nevada Independent)

Throughout his campaigns, Parks described facing vitriolic, anti-homophobic sentiment from opponents, but he was able to maintain his seat and pass landmark legislation — often signed by Republican governors — that provided funding for HIV and AIDS programs, banned gay conversion therapy programs, established trans-inclusive health benefits, addressed “gay panic” defenses and implemented anti-bullying laws.

“I went through some pretty hard knocks,” Parks said. “[A USA Today headline] said ‘Nevada Ranks the Best State in America for LGBTQ People.’ And that's, I think, a major accomplishment that 25 years ago, I would not have thought that.”

Parks termed out of office after the 2019 session, but his legacy is still felt in the Legislature. Sen. Dallas Harris (D-Las Vegas) said he not only blazed trails for the LGBTQ community, but also brought forward legislation that benefited everyone.

“Growing up, I used to think, if I'm ever going to run, I probably need to move to San Francisco in the most liberal district,” Harris said. “I've got tattoos on my arms and just thought, it's probably not going to happen anywhere else.”

Harris said she did not think it was possible for her to run for public office until she was first appointed in 2018.

While she was in high school, Harris remembers pulling “protect marriage” signs advocating for banning gay marriage in the state Constitution from yards. Nearly two decades later, she watched voters undo the ban from her seat in the Nevada Senate — an office she ran for with a picture of her and her wife and their child on a campaign mailer. 

Nevada State Senators Dallas Harris and Mo Denis on the fourth day of the 31st Special Session of the Legislature in Carson City on Saturday, July 11, 2020. (David Calvert/The Nevada Independent)

Spearman vividly remembers the inception of the federal policy of “Don’t Ask, Don’t Tell,” which condemned discrimination against members of the LGBTQ community but also prohibited military service members from being openly queer. 

An Army veteran, Spearman said that discussions around repealing the policy ultimately led her to come out to her community and the church where she was serving as pastor.

“It angered me when I heard some politicians in Washington saying, ‘we don't want them in the military because it would destroy morale and the good order,’” Spearman said. “We've been there. We're in graveyards. We're in Arlington National Cemetery.”

Seven members of her congregation left, Spearman said, but she did not want to hide who she was.

“I'm always conscious of the fact that I am intersectional. I'm Black, I'm a woman and I'm a same gender-loving woman,” Spearman said. “I have to look at it through all of those lenses because that's who I am ... and if you have a problem with it, then one of us probably needs to leave and I'm taking a seat right here.”

State Senator Pat Spearman on the first day of the 81st session of the Legislature in Carson City on Monday, Feb. 1, 2021. (David Calvert/The Nevada Independent)

Watching Spearman run for office made running as an out bisexual woman much easier, said Sen. Melanie Scheible (D-Las Vegas). She wondered aloud in an interview with The Nevada Independent about past lawmakers and historical figures who had to mask their identity.

“I look back at all the pictures on the walls of all of the former legislators ... and I don't think we'll ever know how many gay, bisexual, lesbian, trans, nonbinary, asexual, otherwise, not cis-gender heterosexual legislators there have been in Nevada,” Scheible said. 

Others, including Harris, said that having that representation matters and helps young people to grow into adulthood without having to hide their sexual orientation.

“If there is one kid who was like, ‘Oh, that person's like me. I could do that’ and it inspires them to be their best selves, if that happens, then I have done more than enough,” Harris said. “There is serious power in being here, in walking the halls, in speaking up, and that's just as important, if not more than, the small pieces of the Legislature.”

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

When Parks was first elected to office, he estimated that there were roughly 50 openly gay individuals serving in public office across the nation, most of them located in coastal areas and major metropolitan cities. Now there are five openly LGBTQ lawmakers serving in the Legislature and 979 openly LGBTQ elected officials in the U.S. which account for 0.19 percent of all elected officials. A little more than 28,000 LGBTQ people would need to be elected to achieve equitable representation in the U.S.

And LGBTQ lawmakers past and present say there’s still a lot of work to be done.

For Scheible, having an openly transgender legislator would indicate increased social progress. Harris said she would like to see more non-LGBTQ members of the Legislature pass LGBTQ-focused laws.

“I think we're all better off when we have everyone thinking about everybody,” Harris said.

Though Scheible, Harris and Spearman are driving much of the legislation surrounding the LGBTQ community, the lawmakers said their focus extends beyond that community.

As a bisexual, white woman, Scheible can mask her identity and does not have to be vocal about LGBTQ or other issues, Spearman said. However, Spearman said Scheible’s outspokenness and willingness to raise awareness is what all lawmakers should strive for, regardless of background.

“It's important for other people, who have access to privilege that I will never have, to understand what courage looks like,” Spearman said.

State Senators Dallas Harris, right, and Melanie Scheible arrive at the Legislature on Friday, July 31, 2020 during the first day of the 32nd Special Session of the Legislature in Carson City.
State Senators Dallas Harris, right, and Melanie Scheible arrive at the Legislature on Friday, July 31, 2020 during the first day of the 32nd Special Session of the Legislature in Carson City. (David Calvert/The Nevada Independent)

Below is an overview of bills introduced this session with implications for Nevada’s LGBTQ community.

Equal Rights Amendment set for the ballot box

Nevada voters will have a chance to codify the Equal Rights Amendment in the state Constitution on the 2022 ballot, after lawmakers approved SJR8 this session. The measure would formally guarantee equal rights, regardless of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin, and copies language from the still-unapproved federal Equal Rights Amendment.

Democratic lawmakers and a handful of Republicans supporting the amendment hailed it as a landmark change that would codify protections for all Nevadans.

"Despite passing laws that have incrementally eroded pieces of inequality, barriers still exist, laid bare for the world to see in the midst of a global pandemic," Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) said.

Republican Sens. Ira Hansen (R-Sparks), Carrie Buck (R-Henderson) and Pete Goicoechea (R-Eureka) voted against the proposed constitutional amendment, which was approved on an 18-3 vote in the Senate. 

Hansen said that he voted no out of fear that the law would remove protections given to minorities, and the inclusion of gender identity and expression in the bill would allow biological males to compete in women’s sports.

"I don't want to see this body give up the rights for all of my female children, grandchildren, nieces, and nephews, or any other women in the state of Nevada," Hansen said.

Sen. Keith Pickard (R-Henderson) voted in favor of the bill.

"I do understand the concerns of my constituents, that the language will be misinterpreted and misused to promote changes in social order that is incompatible with their personal beliefs," Pickard said. "But while I may share those concerns, I still believe that we should be supporting equality under the law."

Adoption bill passed by committee would allow multiple parents to adopt a child

Assemblywoman Rochelle Nguyen (D-Las Vegas) introduced AB115, which would allow multiple parents to adopt a child without removing another parent from the birth certificate. 

The bill 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.

Cathy Sakimura, deputy director of the National Center for Lesbian Rights, said the bill is vital for children's well-being and would ensure diverse and multi-parent families are "protected and given the same dignity and respect as other families."

Members of the Assembly Judiciary Committee unanimously passed the bill on March 12. The bill awaits a vote in the Assembly.

From left, Nevada State Senators, Dallas Harris, Melanie Scheible and Yvanna Cancela arrive at the Legislature on the eighth day of the 31st Special Session in Carson City on Wednesday, July 15, 2020. (David Calvert/The Nevada Independent)

Addressing HIV stigma

To destigmatize human immunodeficiency virus (HIV), a bill sponsored by Sen. Dallas Harris (D-Las Vegas) would update Nevada law to treat the virus in the same way as other communicable diseases.

The bill, SB275, would repeal a Nevada statute that makes it a felony for someone who has tested positive for HIV to intentionally, knowingly or willfully engage in conduct intended or likely to transmit the disease. 

Repealing that statute would mean a person who has contracted HIV and engaged in such behavior would instead receive a warning for a first offense. For a second offense, the individual would be guilty of a misdemeanor — a punishment in line with the treatment of other communicable diseases, such as chlamydia and SARS.

"The priority for me is equality," Harris said during a hearing on the bill. "The goal is to remove the statutory stigma that was intentionally placed into our laws all the way across the country that's done nothing but harm to those who have contracted HIV."

Other changes within the bill would remove discriminatory language.

"These laws were written back in the '80s and '90s," said André Wade, chair of the state's Advisory Task Force on HIV Exposure Modernization. "Whenever there's a specific call out of HIV, instead of including it as a communicable disease … then that, in and of itself, is stigmatizing."

The bill was heard on April 1, and as of Friday had not been scheduled for a committee vote.

Gender-neutral language

Sponsored by Assemblywoman Venicia Considine (D-Las Vegas), AB214 would replace language related to sexual assault crimes with gender-neutral language. The bill would remove references to “he or she” and “himself or herself,” replacing those pronouns with “the person’s,” “the child,” and “the perpetrator.”

The bill was heard on March 12, and passed out of the Assembly Judiciary Committee on March 24.

Study on services for veterans

AB172, introduced by Assemblywoman Michelle Gorelow (D-Las Vegas), would require the Nevada Veterans Services Commission to conduct a study on the effectiveness of its services for LGBTQ people, women or people of color. 

The study would analyze services provided to veterans and military members, and spouses and dependents who are lesbian, gay, bisexual, transgender, questioning, persons of color and women.

The bill hasn’t been scheduled for a hearing, but was given a notice of exemption from legislative deadlines in early March. State lawmakers usually limit the number of interim studies, and wait until the end of the session to approve which studies will go forward.

State Senators Marcia Washington, left, and Pat Spearman
State Senators Marcia Washington, left, and Pat Spearman on Sunday, Aug. 2, 2020 during the third day of the 32nd Special Session of the Legislature in Carson City. (David Calvert/The Nevada Independent)

Strengthening protections against discrimination and harassment 

SB51, which comes on behalf of the state's human resources department, would require the state to ensure that its employees do not engage in sex or gender-based harassment. The bill was heard on March 11 but hasn’t yet been voted out of committee.

The bill prohibits state employees from engaging in such behavior against anyone in the workplace, including a job applicant. It also creates the Sex-or Gender-Based Harassment and Discrimination Investigation Unit within the division and requires an investigator to prepare a written report of findings.

The state is already practicing a majority of SB51's proposals, but passing the bill would protect and solidify the investigation unit's role, said Peter Long, an administrator for the Division of Human Resource Management. 

In a similar vein, SB109, sponsored by Sen. Pat Spearman (D-Las Vegas), aims to protect LGBTQ individuals by ensuring that their personal information related to sexual orientation or gender identity remains confidential. Proponents say the bill would help address the many disparities LGBTQ persons already experience in health and welfare, including high rates of poverty, suicide, homelessness and violence.

Under the bill, which was heard on March 26 and is scheduled for a committee vote on Monday, individuals would not have to provide a government agency with any information about sexual orientation or gender identity or be denied services or assistance from a governmental agency for failure to provide that information.

Jury duty

A bill on the table would seek to codify a defendant's right to be judged by a jury of peers.

The bill, SB223, sponsored by Sen. Dallas Harris (D-Las Vegas), would stipulate that the opportunity for jury service cannot be denied or limited based on race, religion, sex, sexual orientation, gender identity or expression, national origin, age or physical disability of a person.

"These protections are not a new idea," Harris said during the bill's presentation on March 23. "They just need to be codified to be preserved."

Language in the bill would not affect the process of creating a jury by dismissing people. Instead, it would ensure that the attorneys on the case are not removing people from the already-selected jury based on their sexual orientation, gender identity, age, physical disability, race or religion, Harris said.

"Such discriminatory treatment undermines the justice system and could hurt crime victims by preventing a fair trial by jury of their peers as well," Harris said.

Harris added that although the Supreme Court has ruled that excluding a juror based on race or gender is unconstitutional, neither the Supreme Court nor federal law explicitly prohibits discrimination in jury service based on other characteristics, such as sexual orientation.

Nevada State Senator Melanie Scheible on the eighth day of the 31st Special Session of the Legislature in Carson City on Wednesday, July 15, 2020. (David Calvert/The Nevada Independent)

Transgender protections

SB258, sponsored by Sen. Melanie Scheible (D-Las Vegas), would require the Nevada Department of Corrections (NDOC) to adopt new standards for transgender and non-binary inmates, including adding cultural competency training for correctional staff. The bill was heard on March 29, and was voted out of committee on April 1.

Under the bill, the director of prisons would have to adopt regulations outlining standards in each institution and facility of the department for the supervision, custody, care, security, housing and medical and mental health treatment of transgender, gender non-conforming, gender non-binary and intersex inmates.

Standards would also include the use of respectful language and currently accepted terminology that accounts for and protects the rights of those inmates.

Debora Striplin, coordinator of the Prison Rape Elimination Act at NDOC, said during a hearing that there are about 50 inmates who have self-identified as transgender. 

Some committee members worried that broad standards surrounding the fluidity of gender could lead to inmates lying about their gender identity.

"My concern is that we're just perpetuating the same problem if we don't give them clear guidance ... What standards are we going to make the NDOC follow if it's not biological science?" said Sen. Keith Pickard (R-Henderson).

Another bill introduced by Assemblywoman Sarah Peters, AB280, would require all single-occupancy public restrooms to be gender-neutral. Transgender rights activists praised the bill as a necessary step to make people who are nonbinary or transgender feel safer.

Bill would prohibit insurers from denying treatment for gender dysphoria

Sen. Melanie Scheible (D-Las Vegas) presented a bill on March 12 that would require insurance companies, including Medicaid, to provide for the treatment of gender dysphoria.

Scheible said SB139 would ensure “trans people are treated equitably and with dignity” and address instances of insurance companies denying medically necessary surgeries. 

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

Those seeking gender reassignment surgery already require separate letters from a psychiatrist or psychologist and a medical doctor. The letters have to attest that the patient has performed certain levels of therapy and medical interventions before qualifying for the surgery.

In 2015, the Nevada Division of Insurance issued bulletin 15-002 prohibiting the denial, exclusion or limitation of medically necessary health care services based on gender identity or expression. For example, a plan covering a medically essential mastectomy for a cisgender woman must also cover a medically necessary mastectomy for a transgender man. 

“Despite these laws and policies, transgender persons still experienced denials of coverage,” Maylath said. “Those denials are most heavily felt amongst our Back and brown sisters and brothers. These exceptional marginalizations cause multiple barriers to health and opportunity.”

Treatment, including hormone replacement therapy and surgeries, is considered medically necessary because, without them, the mental health of people who have gender dysphoria would suffer.

“The policy is fairly rigorous to ensure that an individual has been diagnosed with gender dysphoria disorder and has sought several levels of treatment prior to having the surgery paid for and authorized by Medicaid,” said DuAne Young, deputy administrator for the Division of Healthcare Financing and Policy.

The bill was amended and passed out of committee on April 2.

Senator David Parks on Wednesday, Aug. 5, 2020 during the sixth day of the 32nd Special Session of the Legislature in Carson City. (David Calvert/The Nevada Independent)

Giving LGBTQ owned businesses additional support

Sen. Dallas Harris (D-Las Vegas) has introduced a bill that would broaden the definition of the term “disadvantaged business” in existing law to include Nevada's LGBTQ community, allowing those businesses access the same type of assistance and loan programs afforded to other minority-owned businesses. 

The bill, SB237, was heard on March 23 and would apply to businesses owned by an individual who identifies as LGBTQ or have at least 51 percent of its ownership held by one or more individuals who identify as LGBTQ. 

“As we work through Nevada's economic recovery, we're going to need to make sure that all of Nevada's small businesses have the resources they need,” Nevada Treasurer Zach Conine said during the hearing. “By elevating the voices of our LGBTQ business community, we can work collaboratively to create a state that is more inclusive and prosperous for all Nevadans.” 

Committee members raised the question of whether business owners would require "proof" they are part of the LGBTQ community and worried about potential fraud. 

Tim Haughinberry, president of the Gay and Lesbian Chamber of Commerce Nevada, said the law already requires businesses to be certified to participate in the assistance and loan programs. 

“I hear this question a lot, and the truth is, no one is out there masquerading as a disadvantaged person in order to gain some perceived advantage,” Harris said. “This is actually not an issue in practice and generally these types of arguments are only used to suggest that LGBTQ businesses, or even LGBTQ persons, don't need any additional protections.” 

What to watch in the Legislature as lawmakers weigh changes to natural gas regulation, mining oversight and water law

Good morning, and welcome to the Indy Environment newsletter.

As I sat down to write this week’s newsletter, I checked my outline only to realize that many of the stories I’m following right now have something to do with the Legislature — in one form or another. Almost halfway through the legislative session, I decided it was time for an update. 

This week’s newsletter is going to take on a different format today. I’m going to start it with a few takeaways from the session so far. This is in no way fully comprehensive of the legislation out there, and I plan to write more on these issues over the coming weeks. If you have any thoughts on any proposed legislation or see any interesting bills, email me at daniel@thenvindy.com

To get this newsletter in your inbox, subscribe here.


1) Legislation to regulate natural gas: The fight over how to transition away from natural gas is coming to the Legislature. The contours of the debate were drawn last year after Gov. Steve Sisolak’s administration released a state climate strategy calling for a phased transition away from using the fossil fuel in homes and businesses. Now there is proposed bill language. 

On Tuesday, Assemblywoman Lesley Cohen (D-Las Vegas) introduced AB380, legislation that requires utilities to undergo more rigorous regulatory planning and decrease building emissions by 95 percent by 2050. As former Las Vegas Sun scribe Miranda Wilson writes for E&E News, Southwest Gas and business groups plan to oppose the legislation. A similar coalition sent a letter to Sisolak last month with concerns about the climate strategy’s plans around natural gas. 

On Tuesday, several environmental groups, including the Natural Resources Defense Council, the Nevada Conservation League and the Sierra Club, put out a press release in support of the bill. 

Since October, Southwest Gas has said they planned to pursue legislation that would allow the utility to replace pipelines and infrastructure. Earlier this week, Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) introduced SB296, which would allow gas utilities to apply to utility regulators for gas infrastructure modernization plans and recover costs through a monthly rate.

2) Changing mining oversight: A few weeks before the Legislature convened on Feb. 1, the seven commissioners who oversee the Nevada Division of Minerals held a public meeting to discuss legislation that the mining industry was closely monitoring: three resolutions to raise  taxes. The commission wrote a letter saying the mining tax resolutions were not in the state’s interest, and the commissioners recommended the formation of a task force to study the issue.

The division, a non-cabinet agency, has a dual mandate. It is charged with regulating oil, gas, geothermal and lithium brine exploration. At the same time, it educates the public about mining, provides information about the industry, and advocates on policy. The division’s oversight board, comprising commissioners with backgrounds in extractive industries, advise the governor and the state on policy related to the industry. AB240 aims to separate those two functions.

The proposed legislation, which had its first hearing this week, would dissolve the Division of Minerals and fold its regulatory function into the Nevada Division of Environmental Protection, which oversees hardrock mine permitting. The Governor’s Office of Economic Development, which serves as a clearinghouse for industry, would assume the division's other roles. 

Assemblyman Howard Watts (D-Las Vegas) introduced the bill. At a hearing on Monday, the Center for Biological Diversity and the Nevada Conservation League supported the measure, arguing that it would reduce the influence of the industry in crafting regulations and state policy. 

But environmental groups were split. Great Basin Resource Watch, a mining watchdog group, and the Progressive Leadership Alliance of Nevada argued against the bill because it would dissolve an oversight board that last met in 2015 and currently has no members. A Sisolak spokesperson said the governor has received applications and plans to make appointments.

The division, the Nevada Mining Association, the Nevada Mineral Exploration Coalition and the Women’s Mining Coalition argued against the bill, questioning why a change was necessary.

Another bill, AB148, introduced by Assemblywoman Sarah Peters (D-Reno), prohibits so-called “bad actors” — corporations or executives who have defaulted on mine-cleanup obligations in the past — from obtaining a permit to engage in mining and exploration activities in Nevada. 

3) Fixing the “classic car” loophole: We’ve all seen them out on the road. The “classic car” that resembles no such thing but allows its driver to pay a lower price for registration and avoid smog testing. AB349, a bill introduced by Watts on Monday, aims to close that loophole. The bill would limit the “classic car” designation for antique cars not used for everyday transportation. 

As my colleagues wrote earlier this week, AB349 would do a number of other things related to vehicle emissions: “It would also make some changes to the regulations for people who test exhaust emissions and authorize the DMV to establish a remote sensing system for exhaust emissions in Clark and Washoe counties. It also raises the fees assessed on businesses that conduct smog tests. The bill also exempts new motor vehicles from having to undergo a smog test until their fourth year of life. Current law requires it after the second year of life.”

4) A water authority bill? The Colorado River picture is bleak. Most of the watershed, the main source of Las Vegas’ water supply, is facing extreme or exceptional drought. Consumptive use, the amount of water Las Vegas uses from the Colorado River each year, ticked up in 2020, according to a slideshow the Southern Nevada Water Authority presented to its board of local government officials last week. And the water authority has a serious message: Conservation.

It’s not a new message (see the Ryan Reaves ad), but the water authority is doubling-down on efforts to remove non-functional turf (ornamental grass in medians, next to sidewalks, etc…) in a world where incentives alone might not be enough. In testimony this month, a water authority lobbyist said the agency was potentially looking for a legislative vehicle that would require local governments and agencies to write regulations for removing non-functional turf. 

Why that was necessary became more clear at the water authority board meeting last Thursday. Turf removal programs — even when incentivized or subsidized — can run into opposition from HOAs and other entities, despite the fact that most HOA residents support “smarter landscapes” (yes, the water authority conducted a survey on it). Fixing the issue might require legislation.

5) Changes to water law: For more than two years now, the Department of Conservation and Natural Resources has contemplated legislation that would change the statutory qualifications for serving as the state engineer, Nevada’s top water official and administrator of the Division of Water Resources. Under the law, the position requires the person holding the position to be a licensed Professional Engineer, or a P.E. But according to the state agency, that requirement can limit the applicant pool for a job that is not exclusively focused on engineering. 

SB155, which came out of the interim Legislative Committee on Public Lands, would change the qualifications for the position. The legislation would require the state’s top water regulator to be “experienced and competent in water resource management and conservation” and to “have a demonstrated ability to administer a major public agency.” But it would exempt the official from the professional engineer requirement if a deputy in the division was a licensed engineer. 

Brad Crowell, who leads the natural resources agency, said that the proposed measure would “expand the pool of qualified applicants” to those with technical expertise in other areas of water management. At a hearing Thursday, the legislation was met with opposition from a wide range of water users and groups. A hydrologist for Kinross Gold and the Nevada Mining Association testified against the bill, as did the Great Basin Water Network. Groups raised concerns that the legislation could open up the hiring process to appointments driven by politics.

In a closing statement, Crowell said there were “more red herrings and conspiracy theories” than constructive feedback in the testimony. A spokesperson for the agency declined to provide information on what the “conspiracy theories” were and what outreach the state had done to fill recent vacancies but pointed The Nevada Independent to Crowell’s testimony.

On Monday, the Legislature introduced two additional bills on behalf of the state agency that seek to make changes to water law. AB354, described in the bill text as the Nevada Water Banking Act, allows for the creation of water banking programs. Another bill, AB356, would create a program for water conservation. Both are bills worth watching during the session.

Another bill, introduced by Peters, aims to regulate water quality pollution from indirect sources, such as chemical runoff, motor oil and fertilizers. Indirect pollution, known as nonpoint or diffuse pollution, is a leading cause of water quality issues in Nevada and the U.S. AB146 had its first hearing last week. Most of the people who testified agreed that nonpoint source pollution is a problem, but agricultural interests and municipal water users raised concerns about the bill. 

6) The Innovation Zone proposal: We’re continuing to follow the legislative effort to establish “Innovation Zones,” which would let developers with large land-holdings break off from existing counties and form new local governments. As we reported Monday, the building trades signaled their support for the plan. And Elko County, in a meeting last week, flagged several concerns


Here are a few other stories I’m watching this week:

What climate change means: One of the most informative parts of the state’s climate strategy, released last year, was a chapter that focused on what science tells us about the many ways climate change is affecting — and will continue to affect — Nevada. As someone who often researches this topic, it is valuable to have the science in one place. This week, the Nevada Climate Initiative released a fact-sheet summarizing those findings. 

Utility regulators approve NV Energy transmission line: “NV Energy's proposed Greenlink transmission line and renewable energy initiative has received approval from Nevada's utility regulators,” Matthew Seeman reports for KSNV in Las Vegas. “The Public Utilities Commission of Nevada approved moving forward with the plan, which aims to accelerate the development of clean energy on public lands, a spokesperson for NV Energy said Monday.”

Nye County gets a grant for environmental workforce development. (Pahrump Valley Times)

Nevada Gold Mines eyes growth: “An intensive strategic review by executive teams from Barrick Gold Corp. and Nevada Gold Mines has confirmed the enormous geological potential of the NGM properties and outlined key development projects,” the Elko Daily Free Press reports.

Seepage from the Truckee Canal: The city of Fernley is suing federal water managers over plans to line the Truckee Canal. As Scott Sonner reports for the Associated Press, “lawyers for the town a half-hour east of Reno have filed a new lawsuit accusing the U.S. Bureau of Reclamation of illegally failing to consider the expected harm to its municipal water supply and hundreds of private well users who tap into the groundwater based on what they say are binding water allotments, some dating to World War II.”

Apple completes solar project in Reno: “McCarthy Building Companies recently completed construction of the Turquoise Solar Project in Washoe County, Nevada,” writes Kelly Pickerel in Solar Power World. “The 61-MWDC solar farm is located on approximately 180 acres in the Reno Technology Park — a 2,200-acre industrial park shared between Apple and Turquoise Solar, who own approximately 1,600 and 600 acres, respectively.” 

Lawmakers delay bill introduction deadline, still introduce dozens of proposals on criminal justice, education and elections

It was the Deadline Day that wasn’t.

Despite expectations that floor sessions on Monday — the 43rd day of the session and deadline for individual legislator bill introductions — would stretch late into the night to accommodate numerous bills, legislative leaders suspended rules and allowed the Legislative Counsel Bureau’s legal division to keep working throughout the week.

Legislative leaders attributed the delay in bill drafting to a “short-staffed” legal division, as well as difficulties associated with the mostly virtual session. It came after a weekend of work on the bills and some lawmakers withdrawing bill draft requests to lighten the load.

“We've held out hope that we would be able to get them both done today,” Assembly Speaker Jason Frierson (D-Las Vegas) told reporters on Monday. “But it wasn't enough. And so we're going to provide legal with the extra, I would estimate, a couple of days.”

Legislators ended up introducing 55 bills and resolutions on Monday. In 2019, lawmakers introduced 144 measures on the legislator bill introduction deadline day, and in 2017, there were 204 bills introduced on deadline day.

Another deadline — for introductions of bills sponsored by committees — looms next Monday. But legislative leaders reiterated that the challenges of holding a session during a pandemic could result in additional delays.

“It just sometimes takes them a little longer to get everything out and get it where it needs to be so we can pass good policy, and they need a little bit more time,” Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) said. ”So we're able to give it to them, and we still have plenty of bills to hear and lots of work to do.”

In spite of the lower volume, a wide swath of concepts still were introduced on Monday, including bills to eliminate the death penalty, increase the number of marijuana dispensaries allowed in the state and address Republican concerns that election procedures were too loose. 

Here are highlights from bills introduced Monday:

Single-stall restrooms

Assemblywoman Sarah Peters introduced a bill, AB280, that requires single-stall restrooms in businesses or other buildings open to the public to be labeled as accessible to all instead of designated for a specific gender. It would apply to places built Oct. 1, 2021 and later.

“The people who this bill touches are people who right now have to overcome a social stigma to enter into a restroom that's not their specific gender,” Peters said. “And I think this is just really a human bill, recognizing that we all come from different walks of life and need different accommodations.”

Public records penalties

Assemblyman Andy Matthews introduced a bill, AB276, to stiffen penalties against agencies that unreasonably delay or deny public records or charge excessive fees for the documents. While existing law says requesters who prevail in court can recoup their costs and attorney’s fees, the bill allows them to recover double that amount.  

“I think it's great to have something on the books that says that a public records request comes in, we have a need to provide the information,” Matthews said. “But I think absent stronger enforcement mechanisms and punitive measures ... we have seen a lot of non compliance.”

Republican-backed election changes

In the wake of an election where Republicans questioned the use of a machine to check voter signatures and amid accusations that the voter rolls were “unclean,” Republicans are bringing several measures forward. Democrats have generally said they reject legislation stemming from the premise that there was widespread voter fraud in the 2020 election.

AB263, introduced by Assemblywoman Alexis Hansen (R-Sparks), requires county and city clerks to periodically audit the performance of people who check signatures. The bill would also require further signature-checking in counties that use automated signature-matching machines by having them randomly selecting at least 1 in 50 ballot return envelopes processed by a machine and have employees of the clerk’s office manually review the signatures to see whether they match voter files. 

The bill reflects concerns from Republicans during the 2020 election about having machines match signatures on ballots with those on file. 

Another measure, AB264 from Assemblywoman Heidi Kasama (R-Las Vegas), requires county clerks to submit affidavits before each election confirming the correction of their voter registration list — and that they have canceled the registrations of those determined to be ineligible to vote. The bill calls for the secretary of state to set a deadline for submitting an affidavit of the voter roll cleanup activities and to post those affidavits online.

Criminal justice reform

A movement to reform criminal justice and policing practices — spurred in part by Black Lives Matter protests over the summer — continues through bills introduced on Monday.

Sen. James Ohrenschall (D-Las Vegas) introduced a bill, SB228, to eliminate the death penalty from Nevada law. It’s the first of two bills expected to drop on the topic; the other has been requested by the Assembly Judiciary Committee.

Assemblywoman Lisa Krasner’s (R-Reno) bill, AB268, requires police departments to create and adopt a written use of force policy that includes general guidelines for the use of deadly force, requires police to use de-escalation techniques when feasible and requires officers trained in crisis intervention to respond to incidents where a person has made suicidal statements.

The bill also would prohibit police use of force against a person who poses a danger to themselves, but does not pose an “imminent threat” of death or serious bodily harm to the police officer or another individual.

On a similar note, Sen. Dallas Harris (D-Las Vegas) is sponsoring SB236, which requires law enforcement agencies to establish “early warning systems” to identify police officers that display bias indicators or other “problematic” behavior. It also would require all police officers to have at least an associate’s degree or to have completed two years of military service.

Assembly Speaker Jason Frierson (D-Las Vegas) is also sponsoring two criminal-justice-related bills introduced on Monday. One, AB282, would authorize the Nevada Supreme Court to implement implicit bias training for judges and also require such training for court employees who interact with the public.

The other, AB271, would require police agencies in Washoe and Clark counties to maintain a ratio of one first-line supervisor for every ten nonsupervisory employees. The bill would require first-line supervisors to assist in de-escalation of any “volatile situation,” provide guidance or investigate use of force for officers under their supervision.

Sen. Heidi Gansert (R-Reno) has introduced a bill, SB246, that would prohibit police from collecting surveillance data without a warrant, except in limited circumstances, such as when an electronic device is reported stolen or the surveillance is done as part of a missing person investigation. It’s not the first police surveillance bill introduced by Republican senators — Sen. Ira Hansen has a similar measure, SB213.

Republican lawmakers led by Sen. Carrie Buck (R-Las Vegas) are also backing a bill, SB242, that would create a misdemeanor penalty for “targeted residential picketing.”

Education

Assemblywoman Natha Anderson (D-Sparks) has introduced a bill, AB262, that would prohibit the Board of Regents from charging out-of-state tuition to members of federally recognized tribes who graduated from a Nevada high school.

Anderson also is sponsoring AB265 — which provides an alternative licensing structure for school administrators — and AB261, which would require instruction on the history and contributions of various minority or marginalized populations, and prohibit the purchase of instructional materials that don’t “accurately portray the history and contributions of those groups.”

Sen. Marilyn Dondero Loop (D-Las Vegas) has introduced a bill, SB230, that requires reporting on the effects of distance learning on the mental health of students and teachers. It also requires board members of school districts to be trained on social and emotional trauma.

Assemblywoman Brittney Miller (D-Las Vegas) is sponsoring a bill, AB266, that would prohibit administrators and other school support personnel from being included in the ratio of teachers to students measured by school districts.

Business

Businesses would have incentives to hire inexperienced young workers through a bill backed by Assemblyman Jim Wheeler (R-Minden). AB272 waives the payroll taxes businesses would otherwise pay on behalf of employees if they are under 21, working in entry-level positions and are paid $1 more per hour than normally is paid for that position.

SB237 would encourage entrepreneurship in the LGBTQ community. This bill from Sen. Dallas Harris and Sen. Melanie Scheible — both Democrats from Las Vegas — would allow LGBTQ-owned businesses to be included in programs that provide extra resources for disadvantaged business enterprises. The bill also seeks to have the Cannabis Advisory Commission explore marijuana market participation by LGBTQ people.

Another bill from Harris, SB235, could increase the number of marijuana dispensaries in the state by allowing holders of a medical-only marijuana license to apply for it to be converted into a regular adult-use cannabis dispensary. The Cannabis Compliance Board could assess a fee for such a conversion. 

Consumer protection

Several consumer protection measures also emerged on Monday. Gansert’s bill SB239 expands the rights of people who were subject to hacking. While existing law requires a data collector to notify people whose information was stolen, the bill would require notification if the collection of data was reasonably believed to have been breached, even if not outright stolen. 

SB248 from Dondero Loop sets restrictions on collections of medical debt, including that collection agencies must provide at least 60 days notice — and information about possible financial aid — before beginning to try collecting the debt. It also prohibits collectors from charging a fee of more than 5 percent of the amount of medical debt. 

Third quarter fundraising race tightens in competitive congressional districts as election day nears

Incumbent Democrats no longer universally led the money race in Nevada’s most competitive congressional districts, marking the first quarter this election cycle that a Republican — District 3’s Dan Rodimer — led all fundraising among the state’s congressional hopefuls. 

With no statewide race at the top of the ticket, much of the attention — and therefore campaign dollars — has gone to the state’s two potentially competitive House elections in Southern Nevada. Rodimer topped fundraising efforts among Nevada’s House candidates with more than $1.4 million raised, while District 3 incumbent Susie Lee trailed with roughly $1 million raised.

In District 4, seen as marginally less competitive than District 3 because of voter registration figures favoring Democrats, incumbent Democrat Steven Horsford maintained a comfortable lead in the money race as he brought in roughly $680,000 to Republican Jim Marchant’s $492,000. 

Below is a breakdown of campaign fundraising and expenditure reports in each of Nevada’s four congressional districts, with districts ordered from greatest cumulative fundraising to least. 


DISTRICT 3

Susie Lee - Democrat (incumbent)

  • Q3 receipts: $1,005,787
  • Q3 spending: $2,501,619
  • Cash on hand: $924,353

Locked in likely the most competitive race in Nevada this election cycle, Lee dipped deep into her campaign warchest this quarter in spending more than $2.5 million over just the last three months — roughly $363,000 more than she spent in the same time period in 2018. 

A vast majority of that spending went to advertising, including three payments totaling more than $2 million to Virginia-based Screen Strategies Media. Two of those payments, one of $500,000 and another of $1.16 million, came on Sept. 11, not long before Lee launched a major ad campaign targeting Rodimer on his run-ins with police. 

Lee’s contributions, meanwhile, came primarily from individual donors ($623,173), with the rest coming from a number of PACs ($201,427) and committee transfers ($176,471). Most contributions were below federal maximum contribution limits, though Lee did see maximum $5,000 PAC donations from Sen. Catherine Cortez Masto’s PAC, All for Our Country Leadership, the American Resort Development Association, Barrick Gold, Cox Communications and Culinary Union-parent UNITE Here, among others. 

Dan Rodimer - Republican

  • Q3 receipts: $1,412,578
  • Q3 spending: $946,308
  • Cash on hand: $719,485

Rodimer’s campaign reported a massive gain in campaign contributions last quarter, raising roughly seven times as much as it did in the second quarter during the heat of District 3’s Republican primary. Rodimer’s $1.4 million in banked contributions also puts it among the largest single-quarter hauls in the district’s history, topping the $1.38 million Lee managed to raise during the third quarter of her well-financed bid in 2018. 

Still, with less cash on hand entering the quarter, Rodimer’s campaign lagged Lee in spending and enters the final weeks of the campaign with a roughly $200,000 cash on hand deficit. 

Like Lee, most of Rodimer’s largest expenditures went to advertising, including two payments totaling $157,000 to the Maryland firm OnMessage Inc. Rodimer also spent big on campaign consulting, including $432,000 on ads and fundraising consulting services from Las Vegas-based Top AD Consulting LLC. 

A large majority of Rodimer’s fundraising ($1.23 million) came in the form of individual contributions, including $699,000 in itemized contributions and $532,000 in unitemized contributions. An additional $76,800 in PAC contributions and $103,000 in committee pushed Rodimer’s total fundraising on the quarter to more than $1.4 million.

Like Lee, many of Rodimer’s individual contributions came through online fundraising, this time through the Republican platform WinRed. He also saw maximum $5,000 PAC contributions from groups linked to current and former GOP elected officials, including South Carolina Sen. Lindsay Graham, ex-Interior Secretary Ryan Zinke and ex-Arkansas Gov. Mike Huckabee. Rodimer also saw a $68,000 windfall from a joint-fundraising transfer from the Cruz 20 for 20 Victory Fund, a group linked to Texas Sen. Ted Cruz.  

DISTRICT 4

Steven Horsford - Democrat (incumbent)

  • Q3 receipts: $692,759
  • Q3 spending: $704,709
  • Cash on hand: $1,557,543

Running for a second consecutive term and third overall term for District 4, Horsford dipped slightly into his campaign reserves last quarter with about $12,000 more spent than earned. 

Horsford’s single largest expense, like most candidates, came in the form of advertising. The Horsford campaign spent $406,214 on just one advertising firm, Sage Media Planning & Placement, including a $333,000 payment made one day before launching a TV ad campaign touting his work on pandemic relief. 

Horsford’s fundraising was roughly evenly split between individual and PAC contributions, with $329,000 raised from individuals and $304,000 from PACs. It marks the first quarter this cycle in which a majority of Horsford’s fundraising came through individuals, though he still saw maximum $5,000 PAC donations from groups linked to Sen. Cortez Masto, the American Resort Development Association, South Carolina Rep. Jim Clyburn, the Communications Workers of America and Cox Communications, among others.

Jim Marchant - Republican

  • Q3 receipts: $492,641
  • Q3 spending: $406,559
  • Cash on hand: $228,018

Though he lagged behind Horsford’s fundraising for another quarter, former one-term Assemblyman Marchant still more than doubled contributions from the second quarter, when he raised just $187,000. 

With $382,000 in individual contributions, $35,000 from PACs and $74,000 from committee transfers, Marchant’s biggest single contributions came largely through current and former Republican politicians, including a $62,250 joint committee transfer from the Cruz 20 for 20 Victory Fund. 

Marchant also received maximum PAC contributions from the Gun Owners of America (and an additional $1,000 from the National Rifle Association) and the Conservative Leadership PAC, a group that bills itself as targeting “the millennial generation for conservative candidates.”

Marchant’s biggest expense was the nearly $241,000 spent on media placement through the consulting firm McShane LLC, which received more than $308,000 from Marchant during the quarter — about two-thirds of the candidate’s spending. 

DISTRICT 2

Mark Amodei - Republican (incumbent)

  • Q3 receipts: $297,676
  • Q3 spending: $168,173
  • Cash on hand: $395,808

Amodei’s contributions include several donations from Nevada casino owners, including a combined $11,200 from four members of the Stations Casino-owning Fertitta family, and $2,800 from South Point owner Michael Gaughan. The congressman also banked $79,300 from a number of PACs, including $5,000 each from the American Academy of Pediatric Dentistry, Barrick Gold and NV Energy.

Much of Amodei’s spending in the third quarter fell to a handful of advertising campaigns. Of note, the campaign paid nearly $43,000 to Reno-based Lamar Advertising Company, with roughly another $32,000 spent on a radio advertising campaign from Carson City-based Wyman & Associates. 

Patricia Ackerman - Democrat

  • Q3 receipts: $238,304
  • Q3 spending: $172,507
  • Cash on hand: $101,391

Mounting a longshot bid to unseat Amodei in deep-red District 2, Ackerman has raised an uncharacteristically high amount for a Democratic bid in the mostly-rural district through the third quarter. 

With nearly $240,000 raised last quarter alone and more than $101,000 left in the warchest through the final weeks of the election, Ackerman’s cumulative fundraising of more than $338,000 more than doubles the roughly-$162,000 raised by Democrat Clint Koble during his District 2 challenge in 2018

Nearly all of Ackerman’s fundraising came through small-dollar individual contributions made through the Democratic fundraising platform ActBlue, though she also received $2,500 from Reno-area Assemblywoman Sarah Peters and $1,000 from a PAC linked to former Senate Majority Leader Harry Reid. 

Much of Ackerman’s spending went to consulting and advertising costs. That includes nearly $49,000 spent on advertising through California-based Pantograph Labs, which bills itself in part as a “boutique progressive digital firm.” 

DISTRICT 1

Dina Titus - Democrat (incumbent)

  • Q3 receipts: $121,928
  • Q3 spending: $53,716
  • Cash on hand: $394,646

Running for a fifth term in the bluest congressional district in the state, incumbent Democrat Dina Titus reported raising roughly $122,000 in the third quarter, roughly tripling the $42,000 she raised through the quarter prior.

A majority of that money, $72,325, came through PAC contributions, while the remaining $49,603 came through individual donations. Titus’ largest donors included the Coeur Mining company, the national REALTORS PAC, the Service Employees International Union, the Transportation Workers Union and the Plumbers and Pipefitters Union, all of which gave the maximum $5,000.  

Running against a little-known Republican challenger, Joyce Bentley, in a rematch of 2018, Titus reported spending just under $54,000. Of that, the single largest payments went to consulting, including more than $12,000 to Maryland-based Kalik & Associates and another $4,500 to Washington, D.C.-based Next Level Partners. 

Joyce Bentley - Republican

As of Friday morning, Bentley had not filed a contributions and expenditures report with the FEC or such a report was not yet available through the FEC website.

This story will be updated as those documents become available.