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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Which legislators had the most success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Success for Republican senators in passing bills was more rare.

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

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

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

Which legislators had the least success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When were bills heard and when did they pass?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SENATE

Ben Kieckhefer: 36

Heidi Seevers Gansert: 33

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

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

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

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

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

Pete Goicoechea: 20

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

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

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

Joe Hardy: 17

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

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

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

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

Scott Hammond: 14

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

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

Keith Pickard: 6

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

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

Ira Hansen: 5

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

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

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

Carrie Buck: 3

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

James Settelmeyer: 2

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

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

ASSEMBLY

Jill Tolles: 92

Tom Roberts: 90

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

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

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

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

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

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

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

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

Melissa Hardy: 82

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

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

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

Glen Leavitt: 55

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

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

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

Heidi Kasama: 52

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

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

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

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

Lisa Krasner: 36

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

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

Gregory Hafen: 30

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

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

Alexis Hansen: 18

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

Robin Titus: 5

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

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

Annie Black: 3

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

The Nevada Legislative Freedom Caucus

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

P.K. O’Neill: 19

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

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

Jim Wheeler: 6

Jill Dickman: 6

Andy Matthews: 5

John Ellison: 3

Richard McArthur: 3

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

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

Which Republicans broke up unanimous votes?

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

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

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

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

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

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

Which Democrats dissented from their party?

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

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

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

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

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

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

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

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

Behind the Bar: How the mining tax compromise deal came to be

Since The Nevada Independent sprung into existence in 2017, we’ve covered three legislative sessions and fights over major tax policies pushed to the very end of the 120 days.

In 2017, a 10 percent excise tax on marijuana was defeated after negotiations broke down over a bill funding Education Savings Accounts, but was eventually resurrected in a compromise that saw another “school choice” program funded in exchange for votes from Republicans.

In 2019, Democrats pushed through a bill making permanent an expiring state payroll tax rate, relying in part on a legal opinion that the maneuver did not require a two-thirds majority vote (a move eventually struck down by the state Supreme Court.)

Even in the 2020 special session, a bill reducing mining tax deductions died, then appeared to gain a crucial Republican vote, then died again within 48 hours.

But even with diminished Democratic majorities, the mining tax bill of the 2021 session (AB495) appeared to glide to passage — introduced on Saturday eveningheard Sunday, and then passed out both legislative chambers on Monday with the needed two-thirds majority, even getting four of nine Republican senators in favor.

But the quick passage and (relatively brief) floor speeches are only the tip of the iceberg and don’t explain why a tax deal in 2021 worked out when many of the same players and issues were involved in past sessions. 

The final deal was sealed up in a Sunday morning meeting in the state Capitol — all four legislative leaders, budget committee chairs and top Republicans on those committees (Sen. Ben Kieckhefer and Assemblywoman Jill Tolles) met with Gov. Steve Sisolak and his staff, agreeing to the rough contours of the “deal” to pass the mining tax with enough Republican votes in tow. Negotiations on both the structure of the mining tax itself and the concessions made to Republicans were handled by Assembly Speaker Jason Frierson (D-Las Vegas), the face of the deal in public and the prime legislative negotiator of the deal in private.

The deal wasn’t fully baked — negotiations and last minute requests continued until the final hours of session, including a hold up on voting out the capital improvements budget bill until the final 15 minutes of the session, just to ensure that all parts of the bargain were fulfilled.

Participants involved say that a tax compromise worked in 2021 (as opposed to all the previous examples) both because of political pressure — potential tax initiatives on sales and gaming revenue from the Clark County Education Association, as well as three legislatively driven mining tax question. All three of those could have not only major political ramifications, but serious ramifications for industry — many feared a mining tax, which would likely gin up rural turnout and hurt Democrats statewide, would still likely pass given how close a similar 2014 initiative came to passing.

But beyond the ballot questions, personalities and quirks of term limits also played a role. Three of the six Republican votes for the deal are either termed out, or planning to run for a nonpartisan race. 

The deal: Several portions of the “deal” closing the session and getting votes for the mining tax bill were readily apparent as of sine die.

Lawmakers moved to strip the straight-ticket voting language from Sen. Roberta Lange’s SB292, and other Republican asks were included right in the text of AB495. These include:

  • $15 million in federal COVID relief funds to help with learning loss at charter schools.
  • $4.745 million in tax credits in the coming fiscal year for the Opportunity Scholarship program, which provides private school tuition grants to eligible low-income children. The bill also loosens the rules and allows new students to apply for the program.
  • $600,000 per year to the need-based Silver State Opportunity Grant Program, restoring funding to levels approved in the last biennium.
  • Authorizing Medicaid reimbursement for personal care services, legislation long sought by Republican Senate Leader James Settelmeyer (R-Gardnerville).

Other sweeteners were added in a last-minute amendment to SB461, the “waterfall” funding bill directing allocations of the state’s expected $2.7 billion in federal American Rescue Plan dollars. The $15 million in appropriations include:

  • $6 million to the Collaboration Center Foundation to augment services and programs assisting people with disabilities affected by the COVID-19 pandemic. Sen. Scott Hammond (R-Las Vegas), a yes vote on the mining tax bill, is an advisory board member at the foundation. 
  • $5 million to the Nevada ABLE Savings Program to be distributed as grants to persons with disabilities affected negatively by the COVID-19 pandemic.
  • $4 million to UNR to establish a statewide “Dean’s Future Scholars Program” aimed at assisting prospective first-generation college students in the sixth grade or higher. Sen. Heidi Seevers Gansert (R-Reno) previously worked as an executive at UNR, and sponsored a bill this session (SB118) establishing a similar statewide program for first-generation college students.

Obviously, Republicans asked for more during the negotiations, but any concessions had to be weighed against whether their inclusion would peel off any votes from progressive Democrats and satisfy the Clark County Education Association (see the last-minute inclusion of a study on school board makeup and potentially appointing trustees). 

One of the bigger sticking points was a permanent funding source for Opportunity Scholarships. One of the biggest concerns is that families receiving the scholarships will run into the same issue in the 2023 legislative session and again have to advocate for funding amid strong pushback from public education advocates.

A Republican governor in 2023 would likely push for expansion of the program, but Sisolak was cagey when asked during a post-session press conference on Tuesday about whether he would include funding for the program in his recommended budget for the next biennium.

“This was an agreement that was made. I'm going to follow through with my side of the agreement, all the terms that were made,” he said.

Republicans also pushed for further election changes (removal of ballot collection or “ballot harvesting” from the expanded mail voting bill), and a partisan balance on an interim redistricting commission — both rejected by Democratic leaders. 

Other requests, less partisan and more focused on education, were easier to swallow, including money so charter schools were held harmless against financial losses in the switch to a new funding formula (SB463) and inclusion of the $15 million in federal dollars for learning loss programs at charter schools. Other Republican requests were deemed noncontroversial — including measures related to prescription HIV treatment drugs and enrolling recently released inmates in Medicaid (a Settelmeyer bill on both those topics failed to make it out of the Assembly, but the concepts were passed out in other legislation).

The politics: The six Republicans who voted for the mining tax deal had different rationales for voting for the compromise.

Kieckhefer is termed out after this session, and Hammond is termed out after the 2023 session. Assemblyman Tom Roberts (R-Las Vegas) is planning to run for Clark County sheriff in 2022, a nonpartisan race.

Sen. Keith Pickard (R-Henderson), who in a floor speech complained about special interests pushing the decision, all but committed in an April interview with the Associated Press that he would support a mining tax proposal if it came up in the session. The Henderson Republican said he was undecided on his vote walking into the floor session.

Tolles and Gansert — who represent Northern Nevada — have both staked out reputations as more moderate and willing to discuss enhanced education funding in the right circumstances.

In interviews with The Nevada Independent, Tolles and Roberts both said that having the mining industry in support of the measure was a necessary factor, as well as having the money specifically earmarked for education.  

“I'm not going to be in politics forever, but I'm always going to be a human being and a wife and a mom and a professional and a member of my community,” Tolles said. “And so every decision that I have to make can't be about whatever is going to happen in the future, it has to be about whether or not I feel good about what's right in front of me and how I feel about it when I'm looking back at my life.”

Updated at 6:35 p.m. on Thursday, June 3, 2021 to include more details about the end of session negotiations.

Lawmakers advance mining tax deal; Republicans who voted in favor explain why

State lawmakers voted Monday to advance a major mining tax package that will allocate a combined $500 million to public education through new and extended mining taxes and federal COVID relief dollars — pushing the compromise package through the legislative process quickly on the final day of session.

The Assembly vote on AB495 was 28-14, with all Assembly Democrats and two Assembly Republicans — Jill Tolles and Tom Roberts — in support. In the Senate, four Republicans — Ben Kieckhefer, Heidi Seevers Gansert, Scott Hammond and Keith Pickard — joined Democrats to pass the bill in a 16-5 vote, sending the bill to Gov. Steve Sisolak for approval.

The bill, introduced late Saturday and heard for the first time on Sunday, involved a complicated trade of bills — including commitments to kill certain bills and pass others — and some challenges reining in the multiplying requests of lawmakers being courted for votes. An amendment to Democrat-sponsored SB292 that eliminates provisions allowing for straight-ticket voting was one of the Republican-favored elements of the deal.

The bill, which creates a new excise tax on annual gold and silver mine gross revenue above $20 million, is expected to eventually direct up to $500 million to education — including $200 million in federal COVID relief dollars and the rest through new and redirected taxes on the mining industry. It also restores funding to Opportunity Scholarships, a private school scholarship program supported by private donations made in exchange for tax credits.

An amendment adopted shortly before the floor vote in the Assembly allocated an additional $15 million in federal funding for learning loss at charter schools; charters were previously set to be excluded from the pot of money. Groups such as the Nevada State Education Association teacher’s union have opposed more allocations for charter schools, which they say are exempted from too many accountability rules.

But Republicans have advocated for those schools, including in a bill, SB463, that will apply $3.8 million to hold a dozen charter schools harmless from funding drops they otherwise would have experienced in the transition to a new funding formula. Tolles also said some charters experienced similar closures of in-person learning during the pandemic.

“There was significant learning loss. They could utilize that help as well,” she said in an interview.

Passage of the bill out of both chambers was lauded by Nevada Mining Association President Tyre Gray, who said in a statement that the legislation “encapsulates what is possible when we stop worrying about north or south, urban or rural, teacher or miner, and remember our commonalities.” The Clark County Education Association — a key booster —  tweeted that a “bipartisan relationship made this possible.”

And in a joint statement with Assembly Speaker Jason Frierson and Senate Majority Leader Nicole Cannizzaro, Sisolak called the legislation “one of the most significant steps our State could take on our road to recovery.”

“Today's historic vote was only made possible thanks to the partnership of education leaders, business and industry, a bipartisan group of legislators, stakeholders and community members,” Sisolak said in a statement. “Our comeback will be strengthened by the continued collaboration and efforts of all Nevadans committed to working together for our families and a brighter future.”

Assembly vote

Prior to the vote, Tolles and Roberts spoke with The Nevada Independent about their rationale for the votes, stressing that they had not only gained concessions in exchange for their pledge to support the tax, but also had an opportunity to improve education funding without overly burdening one single industry.

“For the mining industry, the caveat was everybody that is impacted agrees to it. There are no loss of jobs, there's … no loss of revenue to counties. And so the industry says we want this, that's a condition for us,” Roberts said.

The Nevada Mining Association on Sunday night made it clear in a tweet that they were in support of the bill, and association President Tyre Gray sat at the presenter’s table with Assembly Speaker Jason Frierson during the hearing for the bill. 

Through the session, both lawmakers have struck a more moderate tone than others in the Assembly Republican caucus. Roberts, a former assistant sheriff with the Las Vegas Metropolitan Police Department, is planning to leave legislative service and run for Clark County sheriff in 2022.

For her part, Tolles said her entire rationale for getting involved in politics was to advocate for education — saying the combination of industry buy-in for the bill and the fact that proceeds would go to education checked all of her boxes.

“I'm not going to be in politics forever, but I'm always going to be a human being and a wife and a mom and a professional and a member of my community,” she said. “And so every decision that I have to make can't be about whatever is going to happen in the future, it has to be about whether or not I feel good about what's right in front of me and how I feel about it when I'm looking back at my life.”

Both lawmakers said that bill language adding back funding authorization to the Opportunity Scholarship program — a tax credit program offering private school tuition grants for low-income families — was a key element of negotiations, and said future discussions on the scholarship program have been promised.

Tolles wanted the scholarship program, which now counts only a little more than 1,000 enrollees and is at less than half its original size, not to be so restrictive and to ensure continuity of funding through budget cycles, so that parents with children enrolled in the program have more certainty year-over-year rather than having to face fears every two years about being dropped from the program.

“The way that the system, as I understand it works right now, is that every two years, it's a fight just to maintain,” she said. “And so that's very traumatic for those kids, and those families, to feel like it's essentially their version of an eviction moratorium like every two years.”

The bill does not guarantee that the scholarship lasts beyond the coming biennium, but does lift provisions from 2019 that did not allow new students to enroll.

Assemblyman Andy Matthews (R-Las Vegas) said in a speech on the Assembly floor that his Republican colleagues’ decision to support a tax hike “in exchange for concessions so modest as to be insulting is simply astonishing to me.” 

“Spending more money without enacting any structural reforms or accountability measures has never solved our educational problems,” he said.

Assemblywoman Teresa Benitez-Thompson (D-Reno) said when evaluating good tax policy, one question she asks is “are the people who are going to be taxed understanding of that tax, and ... do they share those principles enough that they come in support?”

“We have that in Assembly Bill 495,” she said. “In this building, it is a rare thing to get consensus. It is even more rare when we get it around policies such as this. This is long overdue.”

Senate

Four Senate Republicans crossed party lines to support the bill on Sunday evening, easily clearing the required two-thirds majority just a few hours after the Assembly passed the bill.

Kieckhefer, who is termed out of office after this session, said in a floor speech that the bill represented the “art of legislating in a single bill,” representing a compromise of things he strongly supported and strongly opposed. 

“While there are plenty of reasons that I could point to to vote against this bill, I think the benefits far outweigh the drawbacks,” he said. “And when you get to this place, I think it's important to try to find a way to say yes to help people, and that's what this bill does.”

Seevers Gansert also pointed to the enhanced education funding in the bill, touching not only public education but also charter schools and Opportunity Scholarships, as the reason for her support. Pickard said he was troubled by “special interests” using the initiative petition process to “put pressure on us,” but said he would support the bill because of the additional funding for education.

Hammond said the process of getting to the vote “was a rocky one,” but said he ignored pressure from “outside interest groups and disaffected third parties” and voted to advance the policy because he agreed with the merits of the bill.

“While I don't expect the ... naysayers who don't even bother to read the legislation to keep their opinions to themselves, I will be voting yes, for all of our state’s students,” Hammond said. “I urge my colleagues to join me, because even if it's only one student, it’ll change their life without ever even knowing it and that's worth it.”

But five Republican senators voted against the bill, with several raising concerns with the rushed process that brought the legislation forward. Sen. Pete Goicoechea (R-Eureka) said he had wanted to see a credit offsetting any increased collection of the existing net proceeds tax on minerals against the new excise tax, and said it was “unfair to ask any one industry to come to the plate.”

“Education needs to be borne by all of us, not one single industry,” he said. “I think they were forced to be here, and forced to support this bill.”

Sen. Ira Hansen (R-Sparks) also raised similar concerns about the industry-specific tax, saying that the state’s gaming industry had long skated by without paying its fair share to education, saying it would “allow the very people that have not paid enough consistently to get away with it once again.”

“(For) all but a handful of us in this room, the people that are going to pay this tax, they are not our constituents. They are mine. It's very easy to tax people that actually are not even in your district.”

Reporter Tabitha Mueller contributed to this report. Updated at 4:34 p.m. on 5/31/21 to add comments from floor speeches. Updated again at 7:30 p.m. to include details from the Senate vote.

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

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

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

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

So why did repeal fail?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lawmakers look to strengthen organ transplant anti-discrimination laws

State Senator Scott Hammond

Denying organ transplants for people with intellectual and physical disabilities is considered illegal under the federal Americans with Disabilities Act (ADA), but disability rights advocates say a lack of enforcement means the law isn’t being fully followed throughout the United States.

Nevada lawmakers are looking to beef up that section of law this session — during an Assembly Health and Human Services Committee hearing last week, Sen. Scott Hammond (R-Las Vegas) presented his bill SB305 that would prohibit medical providers from denying access to organ transplants based on disability status.

"We are attempting to ensure people with disabilities, whether intellectual or cognitive, are not denied an organ transplant because of their disability," Hammond said.

The bill clarifies that doctors, insurance carriers, medical facilities and other health care providers are prohibited from denying access to necessary organ transplants based solely on an individual's disability. When evaluating candidates for transplant, medical providers would be required to consider the patient's ability to manage post-operative care independently and the supports available to help them. It also includes a fast-track procedure for challenging discrimination to ensure people in urgent need of an organ transplant can resolve their claims quickly.

Rachel Chesin, a disability rights advocate, co-presented the bill alongside Hammond and said that if her 22-month-old son, Caleb, ever became sick or needed a transplant, he might be denied because he has Down Syndrome.

"Every life is precious, and no one should be blocked from access to an organ transplant because of stereotypes about persons with disabilities," Chesin said. "We are not asking the state to do anything new. Discrimination in medical services is already illegal under the federal Americans with Disability Act. The problem is enforcement."

The ADA has no mechanism for enforcement, which makes preventing discrimination or giving people an effective way to confront discrimination challenging and almost impossible, she added.

A study published in 2009 reported that 44 percent of organ transplant centers said they would not add a child with a neurodevelopmental disability to an organ transplant list, and 85 percent said they might consider disability when determining whether to place a person on a transplant list.

Though the measure unanimously passed out of the Senate and received no opposition during public comment, Assemblyman David Orentlicher (D-Las Vegas) and other committee members asked if Hammond could expand protections within the bill.

"It strikes me there are probably other kinds of discrimination prohibited by the ADA that there's no private right of action for either," Orentlicher said. "I know it's hard to change people's bills. But, if we've got this vehicle to make sure there's always a private right of action for people who are discriminated under the ADA, that would be a nice thing to do."

Hammond said he would be open to adding language to his bill strengthening other ADA protections.

At least 19 states have passed similar laws banning organ transplant discrimination. Chesin said that most of those bills were proposed because someone with a disability faced unfair discrimination when they needed a life-saving transplant. 

"It's my hope that we do not wait for a similar story here in Nevada," she said. 

The committee took no action on the bill.

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

Follow the money: Breaking down $2.8 million in combined legislative campaign spending from major industries

The Nevada Legislature building

Even as lawmakers perennially tout the strength of their small-dollar fundraising, the driving force of any campaign in any cycle — with few exceptions — is big-money donors. 

Often contributing upwards of six-figures across dozens of campaigns, money from these donors often comprises the vast majority of campaign funds, especially in the most competitive legislative campaigns.

However, while all these contributions are reported to Nevada’s secretary of state every quarter, parsing trends from such reports or determining how corporate or PAC donors are spending in the aggregate is no simple task, as each contribution is siloed either under individual candidates or individual donors. 

To get at those trends, The Nevada Independent analyzed more than 7,700 individual contributions of more than $200 made to every sitting lawmaker elected in 2020. 

That $200 cutoff excludes a small portion of small-dollar fundraising, as well as two lawmakers who were appointed to their seats in 2021 (Sen. Fabian Donate, D-Las Vegas and Assemblywoman Tracy Brown-May, D-Las Vegas) and any fundraising by losing candidates. 

What is left is an expansive picture of the spending habits of Nevada’s biggest industries, from unions and casinos to health care giants and dark-money PACs. Over the course of our Follow the Money series, we’ve taken a deep dive into the spending of the state’s 10 largest industries, a group of donors that collectively spent $7.8 million of the $10.6 million in big money legislative contributions last cycle. 

Links to all previous installments of this series, including top-line breakdowns of all spending and all fundraising, have been included at the end of this article.

But beyond the largest 10 are the 14 “smallest” industries, according to our categorizations, which still spent upwards of $2.8 million combined. Below is a breakdown of that campaign spending, ordered by industry, from greatest to least. 

Spending nearly as much money last cycle as the much-debated Nevada mining industry were a number of alcohol and tobacco companies, which combined to contribute nearly $319,000. 

Spendiest among industry donors was tobacco company Altria (likely better known by its former name, Philip Morris Companies, Inc.), which gave 30 lawmakers a combined $95,050. Almost all of that money went to Republicans, who received $75,050 to the Democrats’ $20,000. 

Among all legislators, none saw more money from Altria than Senate Minority Leader James Settelmeyer (R-Minden), who received $9,000. He was followed by Assemblyman Tom Roberts (R-Las Vegas) with $8,750 and Sen. Scott Hammond (R-Las Vegas) with $7,000. The remaining 27 lawmakers, including eight Democrats and 19 Republicans, received $5,000 or less.

Other major industry donors include beer-giant Anheuser Busch ($50,500), the Nevada Beer Wholesalers Association ($49,000), alcohol distributor Southern Glazer’s Wine and Spirits ($33,500) and electronic cigarette maker Juul Labs ($26,500). 

Contributing more than $306,000 combined, the state’s transportation industry included a varied mix of donors from car manufacturers, ride-sharing companies, railroads, taxis and associated organizations and individuals. 

Biggest of all was the Nevada automotive dealers PAC, NADEAC, which contributed $52,500 in total, split nearly evenly between Republicans ($27,500) and Democrats ($25,000). Most of NADEAC’s contributions were comparatively small, however, and only two legislators saw more than $2,500 — Sen. Heidi Seevers Gansert (R-Reno) and Sen. Carrie Buck (R-Las Vegas), each of whom received $5,000. 

Following NADEAC was electric car maker Tesla — operator of the massive gigafactory battery plant in Northern Nevada — which gave 20 legislators $45,000. Most of that, $34,500, went to legislative Democrats, with the two Democratic leaders — Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) and Assembly Speaker Jason Frierson (D-Las Vegas) — receiving the most of anyone with $5,000 each. 

Other major transportation donors include the Nevada Trucking Association and its president, Paul Enos (a combined $42,500), Union Pacific Railroad ($33,500), rental car company Enterprise ($29,500) and the ride-sharing company Lyft ($21,000).

Twelve telecommunications companies combined to spend more than $300,000 on lawmakers last cycle, with the single largest chunk coming from internet service provider Cox Communications ($120,000). 

The largest internet provider in the state with a near-monopoly on internet service in the Las Vegas metro area, Cox’s spending largely favored legislative Democrats, who received $80,000 to the Republican’s $40,000. That includes one maximum $10,000 contribution to Frierson, as well as $8,000 for Cannizzaro.  

Communications giant AT&T followed with $82,250, again favoring Democrats ($58,750) to Republicans ($23,500). And here, too, the top recipients were Frierson and Cannizzaro, who received $8,000 each. 

Other major donors included internet service providers Charter Communications ($47,500) and CenturyLink ($14,000), as well as satellite TV provider Dish Network ($12,000). 

Though the pharmaceutical industry at large contributed nearly $273,000, more than half came from just one donor: the Pharmaceutical Researchers and Manufacturers of America (PhRMA), which gave 45 lawmakers $140,500. 

Among the most powerful industry groups in the entire country, PhRMA’s contributions favored Republicans, who received $86,000 to the Democrats’ $54,500. Among individual lawmakers, PhRMA’s four top recipients were all Assembly Republicans: Roberts ($8,000), Assembly Minority Leader Robin Titus (R-Wellington) ($8,000), Assemblywoman Jill Tolles (R-Reno) ($8,000) and Assemblywoman Melissa Hardy (R-Henderson) ($7,000). 

Other major donors include the drugmaker Pfizer ($46,250), National Association of Chain Drug Stores ($17,500), and biotechnology company Amgen ($11,000). Nineteen other donors, including major drugmakers such as Merck, Sanofi, Eli Lilly and Johnson & Johnson, gave $10,000 or less. 

Though 55 donors in the finance and banking industry combined to contribute more than $214,000, almost two-thirds of that money came from one source: the Nevada Credit Union League (NCUL), the credit union trade association, which gave $86,250 across 46 legislators. 

The NCUL’s spending widely favored Democrats, who received $62,000 to the Republicans’ $24,250. Much of that difference was made up by the sheer number of Democrats receiving contributions (30 Democrats to 16 Republicans), but also by three large contributions to Democratic Leaders. 

Frierson and Assembly Majority Leader Teresa Benitez-Thompson (D-Reno) both received the $10,000 maximum, while Cannizzaro received $9,000. No other lawmakers received more than $5,000 from the group.   

Other major donors include One Nevada Credit Union ($25,500) and the National Association of Insurance and Financial Advisors ($14,500). The remaining 52 donors gave just $9,500 or less. 

Unlike some other major industries, technology-related companies and donors gave to lawmakers in comparatively mid-sized or small amounts, with the largest among them — the data company Switch — giving a total of $62,000 to 21 legislators. 

That money was evenly split between 10 Democrats and 11 Republicans, who combined to receive $31,0000 each. That even-split largely extended down to the individual level, too, with Democrats Cannizzaro, Frierson and Gansert, a Republican, receiving $10,000, while Republicans Hammond and Buck received $5,000 each. The remaining recipients all received $2,500 or less. 

The other significant chunk of technology contributions came from Blockchains, Inc. owner Jeff Berns and his wife, Mary, who combined to give $44,500. Berns was at the center of efforts this session to create so-called “Innovation Zones,” which would have created a semi-autonomous county in rural Nevada supported by the use of cryptocurrency. 

As criticism of the concept intensified over the course of the legislative session, Gov. Steve Sisolak backed away from Innovation Zones last week in announcing the proposal would take shape as a study, instead. 

The single biggest beneficiary of Bern’s contributions was Assemblyman Jim Wheeler (R-Minden), who received $10,000 each from Jeff and Mary for $20,000 total. Wheeler’s district, District 39, encompasses parts of Storey County, where Berns’ Blockchains company owns roughly 67,000 acres of land that likely would have become the state’s first Innovation Zone, had the proposal passed muster.  

Berns also gave $5,000 to Cannizzaro, Frierson and Settelmeyer, as well as a handful of smaller contributions to six other lawmakers, including both Democrats and Republicans. 

Other technology companies gave comparatively little, with Reno-based precision measuring equipment firm Hamilton Company following Berns with $15,000, and the tax-software giant Intuit giving $12,500. The remaining 25 donors gave $11,000 or less.  

Insurance companies — close cousins to the finance industry — combined to give lawmakers $165,700, with the Farmers Employee and Agent PAC leading all donors with $63,000. 

Farmers’ spending was split nearly evenly between the two major parties, with Republicans receiving $32,000 to the Democrats’ $31,000. No lawmakers received the maximum amount from the group, though four — Frierson, Roberts, Gansert and Titus — did receive $5,000 contributions. The remaining 20 recipients received $3,000 or less. 

No other single insurance came close to Farmers’ spending. The next largest, USAA, gave just $25,500 (of which most, $17,000, went to Democrats), while small business insurer Employers EIG Services gave $24,000 (including $13,500 for Republicans and $10,500 for Democrats). The remaining 20 insurance donors gave $13,000 or less. 

Though the payday lending industry at large gave comparatively little — $128,000 split across 37 legislators — the single largest industry donor, TitleMax, was among the biggest spenders of any industry as it contributed $93,000 to 35 lawmakers. 

Most of that went to 20 Democrats, who received $56,500 to the Republicans $36,500. TitleMax’s largest individual contributions similarly went to Democrats, with Frierson and Cannizzaro each receiving the $10,000 maximum. Gansert followed with $7,500, while the remaining 32 legislators received $5,000 or less. 

Other payday lending donors gave little in comparison to TitleMax. Dollar Loan Center was next-closest with $23,500 contributed, followed by Purpose Financial with $8,500. The remaining three donors gave marginal amounts, including $1,250 from Advance America, $1,000 from the Security Finance Corporation of Spartanburg and $750 from Community Loans of America.

Breaking down the smaller industries

Dozens of donors categorized as “other” combined to become the 14th largest category, with donors who could not be classified as industry-specific — 357 in all — contributing a combined $247,761. Many of these donors were retirees or private citizens, and most, 262, gave $500 or less. 

Lobbyists and lobbying firms were the next-largest donor group trailing payday lenders, with 56 donors contributing $126,401 combined. There were few major donors in that group — all but 10 gave less than $3,000. The only exception was the Ferraro Group, which gave $32,500 spread across 33 lawmakers. The group’s donations were relatively small, however, and the single-biggest recipient — Cannizzaro — received just $3,500. 

Roughly three dozen education companies, teachers and other individuals combined to contribute $83,272, with the biggest sums coming from charter school company Academica Nevada ($28,500), education management company K12 Management Inc. ($13,500) and for-profit college University of Phoenix ($11,000). Notably absent in this category are major teachers unions, such as the Nevada State Education Association and the Clark County Education Association, as both of those organizations are covered in our analysis of union spending. 

Spending slightly less than they did in 2018 were 15 marijuana companies or related individuals, who combined to spend $86,500 (down from more than $91,000 spent in 2018). Most of that money was concentrated in the three biggest spenders: An LLC linked to The Grove dispensary ($24,750), Nevada Can Committee ($23,000) and a company linked to the Planet 13 dispensary ($15,000). 

The remaining two categories were the smallest of all: Nevada tribes, but only the Reno Sparks Indian Colony reported major campaign contributions with $30,500 across 37 legislators, while just seven agricultural donors combined for $10,950 (of which nearly half, $5,000, came from the PAC Nevadans for Families & Agriculture). 

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

As part of our Follow the Money series The Nevada Independent has published deep dives into the industries that dominated legislative campaign spending in the 2020 campaign cycle. To see any of the previous installments, follow the links below: 

Follow the Money: Tracking more than $330,000 in legislative campaign donations from the mining industry

Trucks at mine site.

As lawmakers pursued a historic increase to the mining industry’s tax burden, mining companies and industry PACs combined to contribute more than $330,000 to their campaigns over the course of the 2020 election cycle.

That sum represents a roughly 32 percent increase from the 2018 cycle, making mining one of the few industries to spend more money rather than less amid the pandemic-triggered economic downturn.

Industry spending vastly favored Republican lawmakers, who received almost three times as much money as their Democratic counterparts, a cumulative $243,000 to the Democrats’ $88,000. 

This spending came amid a backdrop of continued Democratic control of both legislative chambers — control that was weakened slightly by losses in a handful of competitive suburban districts. Republicans gained three seats in the 42-person Assembly and one in the 21-seat Senate, leaving the Democratic advantage at 26-16 and 12-9, respectively. 

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

The data in this story show only a slice of the campaign finance pie: 178 contributions from 18 unique donors fell under the umbrella of mining corporations, PACs or related individuals. 

However, two lawmakers are not included in this analysis: Sen. Fabian Donate (D-Las Vegas) and Assemblywoman Tracy Brown-May (D-Las Vegas). Both were appointed to fill legislative vacancies in February, after a freeze on legislative contributions had already begun ahead of the 2021 session. 

These numbers also do not include candidates who lost their race for the Legislature, and may not represent the total spent by a given donor in the last election, but rather only the amount they spent on winning candidates.  

As the cumulative totals might suggest, individual Republicans dominated the list of mining industry contributions. All but two of the top 15 mining recipients are Republicans, and of the 33 lawmakers who received just $5,000 or less in industry money, 26 were Democrats.  

Even so, with few mining donors spending money at all, the top mining recipients did not receive particularly large sums compared to other industries. The top fundraiser, Sen. Heidi Seevers Gansert (R-Reno), raised $25,500 in mining contributions from five mining donors: Nevada Gold Mines ($10,000), the Nevada Mining Association ($5,500), Comstock Mining ($5,000), Kinross Gold USA ($3,000) and Coeur Mining ($2,000).  

Seevers Gansert was followed by Senate Minority Leader James Settelmeyer (R-Minden) with $20,000; Sen. Pete Goicoechea (R-Eureka) with $17,500; Sen. Carrie Buck (R-Las Vegas) with $16,500; and Assemblyman Tom Roberts (R-Las Vegas) with $15,500. 

Assembly Speaker Jason Frierson followed close behind with $14,500 raised, making him the only Democrat in the industry’s top 10 recipients and the lone Democrat to receive more than $10,000 in combined contributions. 

Overall, there were few mining related donors in 2020. Just 18 gave any money at all, and almost all of it was contributed by the biggest donors. 

The top three — Nevada Gold Mines, the Nevada Mining Association and Cortez Gold Mine (owned by Nevada Gold Mines) — alone combined for almost 76 percent of the $331,780 total, while the top-five combined for almost 90 percent of all industry money contributed last cycle. 

A joint venture between mining giants Barrick and Newmont, Nevada Gold Mines led all industry donors last cycle with $92,250 contributed across just 15 legislators. 

Unlike most major industry-specific donors, nearly all of Nevada Gold Mines’ contributions went to Republicans, who received $85,000 to the Democrats’ $7,250. That gulf is so vast and Nevada Gold Mines gave to so few lawmakers that the average Republican received more money ($7,727) than all four Democratic recipients combined. 

Also relatively unique in Nevada Gold Mines’ spending habits is the number of maximum contributions from the company. Nevada law limits donors to $5,000 per election (primary and general), for a total maximum contribution of $10,000 per cycle. 

Such maximums are relatively rare, even among major donors, who frequently spend the maximum once or twice on party leaders or vulnerable candidates in swing districts before spreading out smaller contributions across a wider pool of candidates. 

But Nevada Gold Mines contributed $10,000 to six lawmakers, all Republicans and all but one (Roberts) from Northern Nevada: Seevers Gansert, Roberts, Goicoechea, Sen. Ben Kieckhefer (R-Reno), Sen. Ira Hansen (R-Sparks) and Assemblywoman Jill Dickman (R-Sparks).  

Five other legislators — four Republicans and one Democrat — received $5,000, while the remaining three received $1,000 or less. 

Though formally the third-largest donor, contributions made by the Nevada Gold Mines-owned Cortez Gold Mine function as an extension of that joint-venture, and as a result, as an extension of Barrick and Newmont. The mine reported $74,500 in spending across 24 legislators, which, when combined with Nevada Gold Mines, raises the joint-spending by Barrick and Newmont last cycle to $166,750. 

That amount is slightly more than the $162,500 that Barrick and Newmont combined to spend on legislative elections in the 2018 midterms, before the creation of Nevada Gold Mines. 

Much like Nevada Gold Mines, most of the Cortez mine spending flowed to Republicans, who received $55,000 to the Democrats’ $19,500. With another handful of Republicans receiving the maximum from Cortez, the average split per party also vastly favored GOP lawmakers, who received an average of $5,500 to the Democrats’ $1,393. 

Those maximum contributions went to three Republicans — Hammond, Buck and Settelmeyer. Cortez otherwise gave $5,000 to five lawmakers (including two Democrats, Frierson and Assembly Ways and Means Chair Maggie Carlton (D-Las Vegas), while the remaining 16 recipients received $2,500 or less. 

An industry association backed financially by a number of the state’s largest mining companies, the Nevada Mining Association combined to spend $85,500 across 41 legislators, or enough to make it the second-largest mining donor last cycle. 

The sum is a sizable increase from the PAC’s spending in 2018, when it gave just $56,250 in the aggregate. 

As an industry PAC, most of the association’s money came from the same companies contributing as their own entities. That includes Nevada Gold Mines (which gave the association $50,000), Newmont (which gave $20,000) and Coeur Mining ($10,000). 

Unlike other industry donors, the Nevada Mining Association split its money almost down the middle of the two parties, spending $43,000 on Democrats and $42,500 on Republicans. On average, the split was still fairly close, with the average Democrat receiving $2,150 to the average Republican’s $2,023.

The two biggest beneficiaries of that spending were legislative leaders, with Cannizzaro receiving $9,000 and Frierson following with $6,500. The association’s spending was otherwise largely diffuse, with five lawmakers receiving between $5,500 and $3,500, and the remaining 34 receiving $2,500 or less. 


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

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

Senate advances criminal justice reform bills, including limits on police use of force, hate crimes reporting

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.

Members of the state Senate voted Wednesday to advance a trio of criminal justice reform bills sponsored by Sen. Dallas Harris (D-Las Vegas) that would add more limits on police use of deadly force, require additional recordkeeping on hate crimes and place rate caps on calls made to and from inmates.

The bills passed just as former police officer Derek Chauvin is on trial for the killing of George Floyd in Minneapolis — an incident that touched off a wave of protests last summer — and as protests continue over the death of Daunte Wright in Minnesota at the hands of police. But Harris said the national attention on police killings isn’t what is motivating her.

She remembers the 1992 Rodney King riots growing up. And as a Black woman, she says she’s conscious that she must be especially careful to keep her hands on the wheel and not make sudden movements when interacting with police.

“These are things that are ingrained in us growing up,” she said. “And so the imperative has always been there. I think other people are just kind of coming around to it, which is great.”

The three measures are among the 22 bills and resolutions passed out of both the Assembly and Senate on Wednesday, and part of the legislative rush ahead of the first house passage deadline next Tuesday. 

Here’s a look at all three proposals, which now head to the Assembly.

Limits on police use of force 

Members of the Senate voted along party lines to approve SB212, a bill that would put additional limits on police use of force, use of restraint chairs for people in police custody and police dispersal techniques during protests or demonstrations.

The bill requires police officers to use de-escalation techniques and other alternatives before resorting to higher levels of force to arrest an individual. It would also require police agencies to adopt use of force policies and training that take into account (before using deadly force) the potential threat posed by individuals not armed with a weapon, who are under 13 or over 70 years old, or are physically frail, mentally or physically disabled, pregnant, suffering from a mental health or behavioral health issue or experiencing a medical emergency.

The bill initially would have banned use of restraint chairs, but was amended to put limits on the practice including only using a restraint chair for persons who are physically violent, and if police get authorization from a higher-level officer to use the chair. The bill also limits use of the chair to no more than two hours unless authorized by a supervising officer. It would also ban use of a restraint chair for a person who is pregnant.

The measure also aims to put limits on police activities during protests or demonstrations, prohibiting officers from firing nonlethal rounds “indiscriminately” into a crowd or targeting a person’s head, pelvis or other vital areas. It also would require that police issue at least three orders to disperse and offer an egress route before firing chemical agents into a crowd (with some leeway in dangerous situations).

Some Republican lawmakers pushed back on the bill during a hearing and during the floor session Wednesday, saying statistics provided by bill advocates that showed Reno as having one of the highest rates of police killings of Black men were flawed and painted police in an unfairly negative light.

“This really boiled down to an attack,” Ira Hansen (R-Sparks) said about the bill in a floor speech.

Sen. Melanie Scheible (D-Las Vegas) said she works with police who are trying to serve honorably every day in her day job at the Clark County district attorney’s office.

“This bill perfectly hits on the places that it's necessary to have reform without imposing on the ability of an officer to utilize their good judgment and their training to effectuate their jobs adequately,” she said. “But it allows for better community trust, better community relationships, and for the progress and improvement of our law enforcement agencies moving forward.”

Recordkeeping on hate crimes

As written, SB148 would require that all state and local law enforcement agencies submit monthly records of all hate crimes to the state’s Central Repository for criminal history records. The bill would require hate crime statistics, including data on prosecution and sentencing, to be made available to the public.

The bill was approved on an 18-3 vote, with Republicans Scott Hammond, Ira Hansen and Joe Hardy all opposed. Hansen spoke against the principle of enhanced penalties for crimes committed based on a victim’s personal characteristics.

“The whole concept is flawed,” Hansen said. “I think we need to get back to the idea that all are equal in the eyes of the law, including all people that are victims of crime.”

Democrats, however, said the law is full of enhanced penalties, including for crimes against the elderly and against law enforcement.

“We are not yet perfect, but we are on our way to perfection,” said Sen. Pat Spearman (D-North Las Vegas). “And until we get there, then we will need these types of enhancements to make sure that those who break the law, pay.”

Rate caps on inmate calls

The state Public Utilities Commission (PUC) would be required to regulate and set rate caps on businesses that provide calling services for inmates under SB387.

The bill, which passed unanimously on Wednesday, would authorize the PUC to establish rate caps and charge limits on inmate calling services, and would require any competitive supplier of inmate calling services to both file their rates with the commission, and publish their rates, terms and conditions on its website for public view.

As it stands, a 15-minute call to or from a prison in the Nevada Department of Corrections costs $1.65 to $2.10. 

“It’s not 1989 anymore, and the rates should be coming down,” Sen. Scott Hammond (R-Las Vegas) said ahead of the vote.

Harris said high calling costs prevent inmates from maintaining relationships with family, and that in turn could increase their chances of committing crime again when they leave prison. She also nodded to the multimillion dollar commissions that state prisons get from phone service companies — last session, the prison system estimated it would earn $10 million a biennium in commission from the phone service vendor.

“Can I necessarily be upset at agencies for wanting to get a little bit of additional funding where they can? No, not necessarily,” she said. “I just wish it didn't come on the backs of the folks who have the least.”

Lawmakers approve unemployment benefits for school support staff; DETR says claims backlog has improved

Nevada lawmakers have approved emergency regulations that will allow school support staffers who typically work nine to 11 months a year to qualify for unemployment benefits this summer.

The Legislative Commission voted 7-5 on Wednesday to approve the regulations; Republicans opposed, citing the proposal’s cost to school districts. The provisions are meant to cover staff aside from teachers, administrators and substitute teachers, who generally expect not to work for the school district during the summer but are ineligible for unemployment under normal circumstances because there’s an expectation that they will return to the job in the fall. 

“These families may still have lingering effects in finding work this summer because of the COVID-19 pandemic and have in many cases drained that savings and investments, as a result of the economic downturn last summer,” said Jeffrey Frischmann, acting administrator of the Employment Security Division.

Typically, districts would pay the entire cost of such benefits for employees, but federal COVID relief funds will pay for 75 percent of the costs.

Brad Keating, a lobbyist for the Clark County School District, said the district estimates the proposal could cover 8,500 support staff professionals. If the district were to cover them at a rate averaged between the highest and lowest typical payouts, and once the federal government kicked in 75 percent of the costs, the action is projected to cost the district $7.5 million.

Keating said that there are an additional 6,000 workers who fall into a gray area and could possibly be eligible because they are non-year round police officers, paraprofessionals and other temporary staff. DETR officials said they did not include specific job titles in the regulation to avoid missing potentially eligible groups, but the agency’s attorney Troy Jordan said the regulations were meant to be construed liberally.

Another variable is how many of the support staff will be called back to work for what is expected to be a sweeping summer school program geared at remediating students after lengthy periods of remote learning. Keating said it’s unknown how many students will choose to enroll in summer school and therefore how many support staffers and teachers will need to be brought on, but he said surveys showed that 60 percent of licensed personnel (such as teachers) were willing to work over the summer.

To qualify for unemployment benefits, support staff would need to meet other eligibility requirements, such as carrying out a job search, not making too much money from other jobs to qualify for benefits and not refusing “suitable work.” Generally, that means that the staffer could not reject an offer to return to the job and still collect benefits.

Republican Sen. Scott Hammond asked DETR officials how the agency would be able to handle a potential influx of new claimants considering DETR’s well-publicized backlogs and technical problems processing more than 2 million initial claims since the pandemic began. Frischmann said that claimants could be guided en masse.

“If we were to treat it as rapid response, which would mean we could potentially send some representatives out there and help do some hand holding, some coaching and provide help to large groups of individuals that we can have all in the room together,” he said. “We believe we would be able to help smooth that surge, and smooth the application process.” 

He also said DETR is getting a better handle on its backlog. In the last quarter, 63 percent of claimants received a payment within 21 days of applying, and that figure jumped to 81 percent for the month of March, he said.

The backlog of claims to the Pandemic Unemployment Assistance (PUA) program for gig workers is about 2,000 applications, and the backlog for the regular program is about 47,000. Frischmann noted that the latter receives about 7,500 or 8,000 applications each week, so the 47,000-claim backlog includes fresh claims from the last three weeks.

“We've made great strides over the last six months, as far as returning to a more timely payment of new applications,” he said.

In the week ending April 3, there were 233,492 weekly claims filed in Nevada to four unemployment programs. That’s about half the rate from last summer, when the agency was receiving about a half-million continued claims a week.