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

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

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

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

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

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

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

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

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

AB341: Authorizing cannabis consumption lounges

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AB149: Increasing transparency of cannabis testing

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

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

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

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

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

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

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

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

SB168: Curbside pickup for cannabis products

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

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

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

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

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

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

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

SB122: Extra health and safety training for cannabis employees

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

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

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

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

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

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

Criminal justice changes

AB400: Marijuana DUIs

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

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

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

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

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

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

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

AB158: Lessening penalties for minors possessing marijuana

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

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

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

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

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

AB326: Cracking down on the illicit market

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

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

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

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

Regulatory changes

SB168: Granting the CCB regulatory power over packaging and labeling

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

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

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

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

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

SB49: Changes to CCB disciplinary hearings

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

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

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

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

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

SB278: Clarifies the cannabis wholesale tax

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

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

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

SB404: Authorizes regulations for cannabis weighing and measuring equipment

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

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

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

Other bills

AB101: Authorizes veterinarians to administer CBD products to animals

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

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

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

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

SB58: Investigations into cannabis offenses

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

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

Failed licensing efforts

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

SB235: Dual licensing

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

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

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

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

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

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

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

The legislation never received a vote on the Senate floor.

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

AB322: Licensing cannabis events

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

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

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

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

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

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

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

Right to return, minimum wage increase and jaywalking decriminalization among more than 200 laws to kick in today

More than 200 of the roughly 550 bills passed by the Legislature during the 2021 session take effect either in full or in part on Thursday, from a high-profile new policy giving laid-off casino workers priority in rehiring to a new law decriminalizing jaywalking.

Other notable new laws now in effect remove specific “per se'' limits on cannabis metabolites that would trigger a DUI, waive tuition and fees to public colleges and universities in Nevada for Indigenous students and create more flexibility for prescription refills during a state of emergency. Landlords also must now wait three days after the date rent is due before charging late fees for overdue rent, owners of certain exotic animals will face steep penalties if the animals come into contact with members of the public and health care providers will be required to offer STD testing in emergency settings.

It is also now illegal to cut down or otherwise harm a population of juniper trees known as swamp cedars that live in Spring Valley near Ely, which are sacred to local Indigenous communities.

Here’s a look at those laws and more that are now in effect:

AB456 (2019): Minimum wage increases to $9.75 an hour

This bill passed during the 2019 legislative session raises the Nevada minimum wage to $9.75 an hour for those who are not offered health benefits from their employers and $8.75 an hour for employees who are offered health benefits.

After the law went into effect in 2019, the minimum wage first increased on July 1, 2020 to $8 an hour for employees who get health benefits and $9 an hour for those who do not.

Under the law, the state’s minimum wage will increase by 75 cents on July 1 of each year, gradually increasing to $11 an hour for those who are offered health benefits and $12 an hour for those who are not by 2024.

The federal minimum wage is $7.25 an hour.

CRIMINAL JUSTICE

AB400: Removes “per se” limits on non-felony DUIs involving marijuana

This new law, which kicks in today, removes specific “per se” limits for cannabis metabolites that if found in a person’s blood would trigger a DUI — except for in cases where the DUI is punishable as a felony, including those that caused someone’s death or substantial bodily harm. Cannabis metabolites are the substances that form when THC is broken down in the body.

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

Assemblyman Steve Yeager (D-Las Vegas) and other proponents of the measure have called the “per se” limits arbitrary and said they are a poor reflection of how impaired a person is because cannabis is metabolized by the body differently than alcohol.

“My main concern with this bill is to make sure that drivers aren't being unfairly convicted of impaired driving when they're not actually impaired,” Yeager said during a hearing of the bill in March.

AB403: Jaywalking is decriminalized

Starting today, jaywalking will no longer be punishable as a misdemeanor. Any pedestrian who commits a violation by crossing a highway, which constitutes any road for vehicles available for public use, at a place that is not marked as a crosswalk may be punished with a civil penalty of up to $100. Previously, such a violation was punishable by up to six months in jail and a fine of up to $1,000.

This bill also requires courts to cancel all outstanding bench warrants for people who failed to appear in court for such violations.

Attorney General Aaron Ford, in a letter supporting the bill, decried the criminalization of jaywalking as a “regressive” policy that “disproportionately affects the poor” and “creates a de facto debtor’s prison.”

“Although jaywalking is a misdemeanor crime on par with a traffic citation, it is on occasion the starting point of a more prolonged series of interactions with the criminal justice system,” Ford said. “Because jaywalking is a criminal offense, failure to pay its associated fine can eventually lead to a warrant for arrest, or even incarceration.”

AB396: Police can only use deadly force if there is an “imminent” threat

This law specifies that only peace officers and those working under their command and aid — and not public officers or other people acting under the command of a public officer — may use deadly force to carry out the arrest of a person trying to escape and that deadly force may only be used if the person poses an “imminent” threat of serious bodily harm to the peace officer or others. The peace officer also must have probable cause to believe that a person has committed a felony causing or threatening serious bodily harm or the use of deadly force.

Correction: This section was updated at 1:00 p.m. on July 1, 2021 to reflect that AB396 applies to all peace officers.

AB113: Increases statute of limitations on initiating a criminal sex trafficking prosecution

Beginning today, this law increases the statute of limitations for starting a criminal sex trafficking prosecution from four to six years after the offense was committed. That increased time applies to any violations for which the statute of limitations has not yet expired and for any sex trafficking crimes moving forward.

AB138: Allows people convicted of felony possession to receive certain federal assistance

This new law allows people who were convicted of felony possession, use or distribution of a controlled substance to still be eligible to receive benefits from Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP) — two federal programs that help provide financial assistance to families in need.

The Food Bank of Northern Nevada, in a document supporting the bill, noted that barring the formerly incarcerated from SNAP and TANF makes reintegration more difficult.

“It promotes food insecurity and malnutrition for ex-offenders and their families; poses a barrier to reintegration into the community; and has a disparate impact on African Americans and women and victims of domestic violence,” the food bank wrote.

TRANSPORTATION

AB53: Call boxes are no longer required along highways

This legislation, also called the “I-15 Call Box” bill, eliminates the requirement for the Department of Transportation to establish call boxes along frequently traveled highways, instead making the establishment of the communication system optional. Data from the department show that only eight calls came from the boxes in Southern Nevada during all of 2020.

AB412: Expanding delivery services through driverless vehicles

Under this new law, your pizza orders may soon be delivered by a low-speed, driverless vehicle. This legislation allows for “neighborhood occupantless vehicles,” which are defined as low-speed vehicles not designed, intended or marketed for human occupancy, to travel short distances on roads with speed limits between 35 and 45 miles per hour.

The bill was originally presented by Nuro, a company that makes autonomous, occupant-free vehicles. Nuro has partnered with several companies, including Domino’s and Kroger, to help deliver orders. The measure was supported by Smith’s Food and Drug Stores, which wrote in a letter that it would “expand access to delivery of fresh food, with new kinds of vehicles and for customers in areas like food deserts.”

SB204: DMV electronic branch authorization

This new law aims to expand access to Department of Motor Vehicles services electronically. Specifically, it authorizes the DMV to establish an electronic branch office in the form of an internet website or application. It also allows the DMV to issue electronic versions of cards, certificates and licenses — including driver’s licenses — though drivers would still be required to have the physical card, certificate or license in their possession when operating a motor vehicle.

The legislation isn’t binding though, meaning that it is up to the DMV whether it decides to move forward with establishing an electronic branch or providing certain documents electronically and when. DMV officials have, however, said they plan to move forward with moving most, if not all, of their services online in the next four years.

“The DMV is committed to radically changing its long-term service delivery model from an in-person brick-and-mortar service to an online storefront, similar to online shopping experiences,” Sean Sever, DMV deputy administrator, said during a hearing on the bill in April.

HIGHER EDUCATION

AB262: Tuition and fee waiver for Native students at public colleges and universities in Nevada

A new, historic law waives tuition and fees for Native students attending public college and universities in Nevada. Tribal leaders have said the bill will help support access to higher education within their communities, which have faced historically high rates of poverty and unemployment.

“Being from a rural community creates many challenges for students wishing to pursue higher education,” Maxine Redstar, tribal chairman of the Fort McDermitt Paiute-Shoshone Tribe, wrote in a letter supporting the bill. “It is anticipated that waiving tuition fees will encourage our students to carry out their dreams of obtaining secondary education without the burden of tuition fees.”

To qualify for the tuition and fee waiver, Native students must be a member of a federally recognized Indian tribe or nation — all or part of which is located in Nevada — or be certified by the enrollment department of such a tribe or nation or the Bureau of Indian Affairs as being a descendent of an enrolled member of the tribe or nation.

Native students also must be eligible for enrollment in a school in the Nevada System of Higher Education, have been a resident of Nevada for at least one year, have maintained at least a 2.0 grade point average each semester and completed FAFSA (the Free Application for Federal Student Aid) to qualify for the waiver.

AB156: Nevada National Guard members can assign their registration and fee waiver to a spouse or child during reenlistment

Under this new law, members of the Nevada National Guard who choose to reenlist can assign their waiver from registration and lab fees at Nevada System of Higher Education institutions to a spouse or child during their reenlistment period. Guard members will be allowed to assign or reassign a waiver upon reenlistment, whether they used the waiver to attend school before reenlisting or not.

Spouses and children assigned the waiver will be required to maintain a certain grade point average, just as members of the Nevada National Guard are required to. The waiver can only be used by one spouse or child during the reenlistment period, though it can be reassigned to a different person if the waiver isn’t used by the initial person to whom it was assigned.

AB165: No tuition charges for veterans who were honorably discharged

Under state law, the Nevada System of Higher Education is prohibited from assessing tuition charges on veterans who were honorably discharged within five years before enrolling at a university, college or community college. This new law removes that five-year limitation, allowing all veterans who were honorably discharged to enroll without tuition charges.

SB193: No tuition charges for those using Post-9/11 Education Assistance to attend Nevada System of Higher Education

This new law prohibits tuition charges from being assessed against veterans, spouses and dependents who are using Post-9/11 Education Assistance and against students using Survivors' and Dependents’ Educational Assistance.

A secondary portion of the bill, which goes into effect on Oct. 1, will require nursing programs and teaching programs within the Nevada System of Higher Education to give preference in admission to veterans who have been honorably discharged.

HEALTH CARE

AB178: Prescription refills during an emergency

Starting today, insurers are required to waive restrictions on the time period during which a prescription can be refilled during a state of emergency or declaration of disaster. Patients, however, must request the refill no later than the end of the state of emergency or 30 days after the issuance of a proclamation of a state or emergency or disaster declaration — whichever is later.

The new law additionally requires insurance companies to pay for up to 30 days of coverage for prescriptions refilled under such circumstances. It also gives the state insurance commissioner permission to extend any of those time periods as necessary in 15- or 30-day increments.

The law applies to private insurers, as well as Medicaid and the Public Employees’ Benefits Program.

Pharmacists also will be allowed to refill prescriptions greater than the amount authorized by the prescriber up to a 30 day supply, so long as the drug is not a controlled substance and the patient lives in an area which is under a state of emergency or declaration of disaster.

Nevada has been under a state of emergency relating to the COVID-19 pandemic since March 12, 2020.

SB211: STD testing in emergency medical settings

This new law requires medical providers, including doctors, physician assistants and advanced practice registered nurses, who provide emergency medical services in hospital and primary care settings to offer testing for sexually transmitted diseases to all patients 15 years of age or older. The law aims to reduce the rates of sexually transmitted infections and HIV in Nevada, which are among the highest in the nation.

Under the law, providers are required to talk with patients to help them decide whether there are certain diseases they should be tested for and whether they want to be tested. Providers are not required to offer STD testing if the patient is being treated for a life-threatening emergency, has recently undergone STD testing or lacks the ability to consent to STD testing.

Providers who fail to offer such testing won’t be subject to criminal penalties or administrative fines but may face disciplinary action.

SB196: Penalties for conducting pelvic examinations on anesthetized or unconscious patients without consent 

This new law bars health care providers from performing or supervising the performance of a pelvic examination on an anesthetized or unconscious patient without their informed consent, unless the examination is within the scope of a procedure the patient has consented to, the procedure is required for diagnostic purposes and is medically necessary, or is performed as part of an examination of a victim of sexual assault who is unconscious and justified by pressing circumstances.

It also bars providers from performing or supervising pelvic examinations if they aren’t appropriately licensed, certified or registered to perform the procedure or if it is outside of their scope of practice. Unlicensed individuals, such as medical students working under the supervision of a health care provider, are similarly barred from performing or supervising pelvic examinations unless their supervising provider is there.

Providers who violate the new provisions of the law will be subject to professional discipline.

Las Vegas residents Christine Smith and Teri Greenman, in a letter supporting the bill, said they brought forward the policy after learning that it is legal in most states for medical providers and medical students to conduct pelvic examinations on women under anesthesia without their consent.

“Under anesthesia, a patient no longer has control over what happens to their body,” they wrote in the letter. “While we understand that the pelvic examination is a critical tool for the diagnosis of women's health conditions and an important skill for students to master before becoming physicians, it becomes an intrusive exam when, if not medically necessary, performed on an anesthetized patient without their express consent.”

NATURE & HUNTING

AB171: Protecting the swamp cedars

This new law makes it illegal to cut, destroy, mutilate or remove a population of juniper trees, known as swamp cedars, living within Spring Valley outside of Ely. Bahsahwahbee, “the sacred water valley” in Shoshone, where the trees live, is a ceremonial site for many communities in the area.

The new law also makes a change to who is allowed to gather native flora considered protected species for medical and ceremonial use. Previously, only Indigenous communities native to Nevada were allowed to gather such flora, but the new law expands the exemption to broadly include Indigenous communities.

AB89: Transfer of big game hunting tags

This new law will allow big game hunters to transfer their tags to a family member upon their death and authorizes the Board of Wildlife Commissioners to establish a program to allow people to transfer their big game tags to certain nonprofit organizations for use by people who are 16 years or younger and are eligible to hunt but have a disability or life-threatening medical condition. Tags, generally, are prohibited from being transferred under state law.

AB102: Expanding access to state parks and recreational areas to disabled veterans

Under current law, the state is required to issue annual, free permits to enter, camp and boat in state parks and recreational areas to residents who are veterans who were honorably discharged and who have a permanent service-connected disability of 10 percent or more. This new law removes the requirement that the disability has to have a rating of 10 percent or more.

However, the state is still required to impose an administrative fee to cover the costs of issuing the permit.

INCLUSIVITY & EQUITY

SB194: Expanding the study of different communities in public schools

This new law requires students in public schools to learn about the culture, history and contributions of an expanded group of communities — the group now includes Pacific Islander Americans, Chicano Americans, Latino Americans, Middle Eastern Americans, women, people with disabilities, immigrants or refugees and people who identify as LGBTQ — as part of ethnic and diversity studies for high school students.

The previous list of communities to be studied only named the following groups: African Americans, Hispanic Americans, Native Americans, Asian Americans, European Americans and Basque Americans.

The law additionally requires the state superintendent to establish a “State Seal of Civics Program” to recognize students who graduate from high school with a high level of proficiency in civics.

AB365: Declares that state employees “be afforded, respect, dignity and equity in the workplace”

Through this bill, the Legislature officially declared in early June that it is the public policy of Nevada that state employees “be afforded, respect, dignity and equity in the workplace.” 

In accordance with that policy, the legislation requires authorities for the state’s courts, the Legislative Counsel Bureau and Nevada System of Higher Education to compile yearly reports of each complaint filed by an employee of the state that alleges conduct in violation of the policy, “including, without limitation, conduct that communicates a negative attitude toward persons of marginalized identities.”

The law additionally requires state employees who are supervisors or are in managerial positions to be trained on implicit bias.

AB421: Updates language in state law referring to people with mental illness and people who are deaf or hard of hearing

Starting today, this new law ensures that the state’s legislative lawyers will use respectful and people first language — putting the person before their disability — when referring to people with mental illness and people who are deaf or hard of hearing in drafting state laws and regulations.

The law also clarifies that outdated and offensive terms, including “insane,” “insanity,” and “deaf and dumb,” are not preferred for use in statute.

OTHER

SB386: Granting laid-off hospitality workers the “right to return” to work

This much-debated new law guarantees certain workers within the state’s casino, hospitality, stadium and travel-related sectors who were laid off as a result of the pandemic a right to return to their former positions.

Under this law, employers in those industries with at least 30 employees are required to offer certain laid off employees — those who were employed for at least six months of the year preceding March 12, 2020 and were laid off after that date for an economic, non-disciplinary reason — each job position that becomes available after July 1 for which the laid-off employee is qualified, including the same or similar positions the employee held before being laid off. Priority for those jobs will be given to those employees with the greatest length of service for the employer.

An employee who is offered the right to return to work has 24 hours — or more depending on the decision of the employer — to accept or decline the offer, and the employee must be available to return to work within five days of accepting the offer. If an employee does not accept or decline within 24 hours of receiving the offer, the employer may move onto the next available laid-off employee.

Employers who decline to hire a laid-off employee because of a lack of qualifications and decide to hire a different, new employee must provide the laid-off employee with a written notice containing the reasons for the decision within 30 days.

Laid-off employees are entitled to opt out of the provisions of the law by declining to be considered for future positions. Employers are additionally prohibited from terminating, refusing to employee or taking any other adverse action against a person wishing to engage in their rights guaranteed under this new law.

The law will expire on Aug. 31, 2022 or when the governor rescinds the active emergency declaration for the COVID-19 pandemic, whichever is later.

AB308: Requiring a three-day grace period before landlords can charge late fees for overdue rent

Beginning today, landlords will be required to wait three days after the date rent is due before they can charge late fees for overdue rent.

The law additionally increases the time for which landlords must give tenants an advance written notice of an increase in rent. For tenancies that are month-to-month or longer, landlords are required to give notice of a rent increase 60 days in advance of the increase, rather than 45 days. For tenancies that are less than month-to-month, landlords are required to give notice 30 days in advance, rather than 15 days.

SB344: Prohibiting people from allowing a dangerous wild animal to come in contact with a member of the public

This new law prohibits people from allowing a dangerous wild animal — that includes elephants, non-human primates, wolves, bears and big cats — to come in direct contact with a member of the public.

A person who violates that law will be subject to a civil penalty of up to $20,000, and the law additionally authorizes law enforcement or animal control officials to seize and impound a dangerous wild animal if the authority has probable cause to believe the owner of the animal has allowed the animal to come in contact with a member of the public.

SB440: Sales tax holiday for Nevada National Guard members and their families

This new law creates a temporary sales tax holiday for members of the Nevada National Guard and their families to honor their service to the state of Nevada during the COVID-19 pandemic. The sales tax holiday will happen over three days — the day on which Nevada Day is observed and the following Saturday and Sunday. Guard members are eligible for the sales tax holiday if they are on active status and are residents of the state. Guard members must file an application for a letter of exemption no later than 30 days before Nevada Day, observed.

Update: This story was updated at 8:45 a.m. on July 1, 2021 to include details about the minimum wage increase passed during the 2019 legislative session.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Which legislators had the most success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Success for Republican senators in passing bills was more rare.

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

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

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

Which legislators had the least success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When were bills heard and when did they pass?

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

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

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

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

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

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

College athlete compensation, cannabis investigations and ‘pot for pets’ among latest bills signed by Sisolak

As Nevada lawmakers work through the final weekend before the adjournment of the 120-day legislative session, Gov. Steve Sisolak has also been busy fulfilling his end of the process — signing more than 40 bills into law on Friday and Saturday.

Some of the higher-profile measures signed by Sisolak over the past two days include bills aimed at allowing collegiate athletes to receive compensation, lowering the penalties for minors caught in possession of alcohol or small amounts of marijuana, requiring teaching about minorities and historically underrepresented groups and raising the legal and age prerequisites for a person to become state attorney general.

Sisolak had signed 174 bills into law as of Saturday evening. Once bills are approved by both houses of the Legislature and sent to the governor’s office, the state’s chief executive has five days during sessions and 10 days after they adjourn to either sign the bill, veto the measure or allow the clock to expire, which causes a bill to automatically become law.

Here’s a look at some of the major bills signed by Sisolak on Friday and Saturday. For a full list of bills signed by the governor this session, click here.

AB101: ‘Pot for pets’

Sponsored by Assemblyman Steve Yeager (D-Las Vegas), AB101 authorizes licensed veterinarians to administer products containing CBD or hemp in the treatment of an animal and to recommend use of such products to pet owners. It also prohibits the state Board of Veterinary Medical Examiners from taking disciplinary action against veterinarians who administer or use such products.

The bill passed unanimously out of the Senate and Assembly. 

AB158: Lowering penalties for minors caught buying alcohol or marijuana

This measure sponsored by Assemblywoman Daniele Monroe-Moreno (D-North Las Vegas) generally lowers the criminal penalties for minors found in possession of alcohol or small amounts of marijuana. 

Specifically, the bill prohibits imprisonment or a fine and instead requires any such person under the age of 21 found in possession of the prohibited substances to perform up to 24 hours of community service, attend a panel of victims of persons killed or injured by intoxicated drivers or undergo an evaluation to see if they have an alcohol or substance abuse disorder.

The bill also requires the automatic sealing of criminal records related to underage possession once a juvenile successfully completes the terms and conditions set by a court.

It passed unanimously out of the Senate and Assembly.

AB177: Prescription drug instructions in non-English languages

This measure, sponsored by Assemblywoman Teresa Benitez-Thompson (D-Reno), requires most pharmacies in the state to provide specific instructions on the use of a prescription drug in a language other than English, if requested by the recipient. It exempts pharmacies from civil liability if they contract with a third party translation service and injury cannot be linked to the “negligence, recklessness or deliberate misconduct of the pharmacy or employee.”

The measure passed out on a party-line 26-16 vote in the Assembly, but passed the Senate unanimously after an amendment was added granting civil immunity to pharmacies.

AB200: Regulations for veterinary telemedicine

Sponsored by Assemblywoman Shannon Bilbray-Axelrod (D-Las Vegas), the measure establishes regulations for veterinary telemedicine, allowing licensed veterinarians to practice telemedicine only after an in-person examination of an animal. Under the bill, veterinarians would not have to examine every member of a herd to consult remotely, and a doctor with access to medical records could also consult via remote communication.

The measure passed out of the Assembly on a 40-2 vote and then unanimously out of the Senate.

AB254: College athletes can profit off likeness

This bill from Assembly Speaker Jason Frierson (D-Las Vegas) would prohibit colleges or the National Collegiate Athletic Association (NCAA) from preventing student athletes from being compensated for use of their name, image or likeness. It’s intended to align with planned moves by the NCAA to allow for student-athlete compensation.

The bill also requires that the Legislative Committee on Education conduct an interim study concerning the issue.

It passed on a 34-8 vote in the Assembly and on a unanimous vote in the Senate.

AB261: Teaching about history of underrepresented groups 

This measure, sponsored by Assemblywoman Natha Anderson (D-Sparks), requires Nevada students to learn about the history and cultural contributions of minorities and historically underrepresented and discriminated against groups, including Native Americans, members of the LGBTQ community and African Americans. It would also require that textbooks and instructional materials accurately portray the history and contributions of marginalized groups.

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

SB58: Cannabis investigations

This bill expands the duties of the Investigation Division of the Department of Public Safety to include assisting in investigations related to cannabis that the Department of Taxation or the Cannabis Compliance Board might be undertaking, if those agencies request the help. 

The bill passed unanimously in both houses.

SB66: Connecting kids to computers

This bill expands the work of the Office of Science, Innovation and Technology, calling on the agency to develop a statewide system to determine the extent to which students have access to the internet and computers in their homes. It also tasks the office with helping connect students to that technology. 

The bill passed unanimously in the Senate and on a 35-4 vote in the Assembly, with some Republicans opposed.

AB227: Cracking down on independent contracting in construction

This bill bars contractors from hiring people who don’t have a contractor’s license and are not their direct employees to do work for a contractor that requires a contractor’s license. Backed by Assemblywoman Maggie Carlton (D-Las Vegas), the bill is one strategy to tackle the issue of employee misclassification but was opposed by all Republicans.

The bill passed on party-line votes in both houses.

AB190: Sick leave used to care for family

This bill requires that employers who offer sick leave to their workers also let those employees use that accrued time to attend to medical needs of their immediate family, whether that be for an illness, injury or doctor’s appointment. It allows employers, however, to limit the amount of sick leave a worker can use for that purpose.

The bill, sponsored by the Assembly Commerce and Labor Committee, includes a preamble stating that caregivers in Nevada provided 324 million hours of uncompensated care in 2013, at an estimated value of $4.27 billion.

The measure passed unanimously in the Senate and on a 30-12 vote in the Assembly; all who voted against it are Republicans.

AB236: Raising requirements to be attorney general

This bill, sponsored by Assembly Speaker Jason Frierson (D-Las Vegas), raises the prerequisites for serving as attorney general. It requires the person in that role to be at least 30 years old — up from the current minimum age of 25 — and have lived in Nevada for at least three years, up from two.

The person must also be a member in good standing of the Nevada Bar.

Frierson said that the duties of the office have become increasingly complex over the years, and Nevada’s minimum qualifications have not kept up with the prerequisites common in other states. Opponents said other constitutional offices, such as governor or treasurer, only require the person to be 25 and have no other professional prerequisites.

Sen. Ira Hansen (R-Sparks) also said it gives way too much latitude to the state bar and limits the choices of Nevada voters.

The bill passed 31-11 in the Assembly and 12-8 in the Senate. All those who voted against it were Republicans.

SB362: Operating a ‘microtransit’ system

The bill authorizes the Regional Transportation Commission in Clark County to offer microtransit services, or transportation by a multi-passenger vehicle that carries fewer passengers than vehicles used on regular routes and is dispatched through a digital application service.

The measure passed unanimously out of the Senate and on a 36-5 vote in the Assembly.

SB363: Reporting requirements for charter schools

This measure requires charter schools that contract with education management companies to submit a report to the sponsor of the charter school, detailing the amount paid to those companies in the current and preceding fiscal years. Charter schools will also have to submit the same report to the director of the Legislative Counsel Bureau in even-numbered years.

The bill passed on a 19-2 vote in the Senate and a 35-6 vote in the Assembly.

AB181 - Mental health parity, attempted suicide report

This bill requires health care providers to report cases or suspected cases of attempted suicide to the state, with that information reported annually to the Patient Protection Commission. It also calls for an evaluation by the state Insurance Commissioner on whether insurers are adhering to a federal law requiring mental health parity — not limiting mental health benefits more than physical health benefits.

The measure passed 26-16 in the Assembly and 14-6 in the Senate. Those opposed were Republicans.

This story was updated on Sunday, May 30, 2021 at 12:53 p.m. to reflect that Assemblywoman Natha Anderson was the primary sponsor of AB261.

‘Measured’ eviction prevention bill draws ire of property managers and landlords

As Nevada’s eviction moratorium comes to a close, a recently introduced bill aimed at ensuring tenants are connected with rental assistance faced opposition Monday from property managers, who argued that the measure disproportionately favors tenants and could prove ruinous for landlords across the state.

During a joint hearing of the Assembly Ways and Means and Senate Finance committee, lawmakers presented AB486, which aims at avoiding an eviction cliff once moratoriums are gone after June 30. Assemblyman Steve Yeager (D-Las Vegas) said the legislation seeks to integrate the rental assistance program into the state’s eviction and mediation process, ensure that people have access to neutral third parties to settle disputes and provide greater assistance to smaller “mom-and-pop” landlords who may not be able to access federally funded rental assistance. 

“Assembly Bill 486 [is] a measured plan that balances the interest and pressing needs of all Nevadans to ensure tenants are able to maintain their housing, landlords are able to be made whole and our courts and social services systems aren't overwhelmed,” Yeager said.

Clark County’s housing assistance program has helped about 27,000 households to date, averaging about 1,000 a week, even though it has enough funding to support 40,000. It has a backlog of 9,000 applicants, down from the 20,000 reported at the end of last year, possibly as a result of the assistance program having new income and documentation requirements. 

Trade groups representing property owners came out in strong opposition against the measure. Their opposition was summed up by Southern Nevada property manager Molly Hamrick, who said the bill would only serve to “keep landlords from providing a product in the marketplace that tenants desperately need.” 

“It has been a struggle to get many of our tenants to apply for rental assistance, much less respond to us. We know that both landlords and tenants alike have found it very difficult to navigate the governor's directives, the eviction moratorium and local ordinances to determine what applies to them, and when it applies,” Hamrick said. “The legislative changes this session will only confuse matters worse.”

The $360 million in federal rental assistance left in Nevada is generally out of reach for tenants who make more than 80 percent of the area median income, or the midpoint of a region’s income distribution, and tenants must be involved in the process to secure the funds, which ultimately are sent to the landlord. The bill includes a separate $5 million allocation aimed at providing a safety net for small landlords who may be falling into a “doughnut hole” of support.

“So if for whatever reason, there's a tenant who is not being responsive, and we cannot get them to be responsive through the eviction mediation process,” Treasurer Zach Conine said, “what we wanted to create was a safety net for small landlords starting at $5 million. That if nothing else works, we could still try and make them whole.” 

One of the goals of the legislation, Conine said, is to be able to reach the tenants that may be unresponsive to their landlords, to find a middle ground through the mediation process and get all the Emergency Rental Assistance money the state received “out the door,” instead of burning too quickly through the $5 million slated in the bill. 

Under the bill, any eviction proceedings would be required to go through mediation to ensure that rental assistance dollars are used and that landlords and tenants can resolve cases out of court whenever possible. 

Conine said that it is critical to pass the legislation because landlords and tenants are only eligible for assistance before an eviction takes place. Integrating the rental assistance process into the individual eviction mediation cases will ensure that landlords don’t lose out on payment, he said.

The bill offers landlords with unresponsive tenants the opportunity to collect 75 percent of the rent that is in arrears in exchange for not evicting the tenant for 90 days. Opponents said that provision would “deprive” landlords of their property rights and the $5 million set aside in the bill is not sufficient to make up for lost rent. 

“Simply put, AB486 is an impairment of a landlord's right to contract and a violation of due process as a deprivation of property rights,” Susy Vasquez, executive director of the Nevada State Apartment Association, said during the meeting. “The $5 million dedicated to fund this bill is a drop in the bucket – the apartment association is bleeding over $17 million a month in rental arrears.”

A major provision of the bill allows tenants to use a landlord’s refusal to accept rental assistance money as an affirmative defense in an eviction proceeding. If the measure passes, courts would be required to dismiss eviction proceedings if a tenant receives rental assistance while proceedings are underway or if a landlord refused to accept rental assistance on behalf of the tenant. 

Courts would also be authorized to impose civil penalties on a landlord found to have wrongfully evicted a tenant and would also require the landlord to pay a plaintiff’s costs and attorney fees.

A friendly amendment proposed by Yeager and attached to the bill would make the bill effective as soon as it is passed, something supporters say is needed because the state-level moratorium ends June 1 and the original July 1 effective date would have been too late. It would also expand the protection to apply to all nonpayment evictions, both rapid “summary” evictions and formal unlawful detainer civil actions.

Supporters said that the measure will help to smooth out confusion and delays when connecting landlords with federal dollars available through rental assistance, and that the bill will help smaller landlords.

“This bill will ensure that we don't leave a single federal dollar on the table for rental assistance. It will also make sure that there's no tenant who gets evicted when there are funds available to keep them in their homes,” Conine said. 

Holly Wellborn of the ACLU of Nevada testified in support of the bill, saying the bill is necessary as a response to the “impending eviction crisis.”

“This crisis affects all Nevadans but the history of toxic and discriminatory housing policies and the persistent racially exclusionary practices caused this crisis to disproportionately impact people of color,” Wellborn said. “This bill is necessary to ensure that vulnerable residents do not fall off the cliff of an eviction crisis.”

The committee did not take immediate action on the bill.

Legislature dismisses final 2020 election contest against Democratic assemblywoman

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

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

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

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

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

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

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

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

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

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

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.”

As end of the eviction moratorium nears, lawmakers unveil bill aimed at ensuring rental assistance gets used

With rental assistance programs slow to get money out the door and the clock running out on eviction moratoriums, lawmakers on Thursday dropped a much-anticipated bill aimed at creating a “glide path” to prevent a wave of evictions when prohibitions lift.

The bill, AB486, comes amid reports that landlords are declining to accept rental assistance because of strings attached with doing so — such as a prohibition on evicting a tenant for a certain period of time after receiving the money. Treasurer Zach Conine, whose office is involved in administering the $365 million in federal rental assistance the state has received, said delays in connecting landlords, tenants and the money have emerged amid conflicting interests and motivations.

“Say you own a home that’s a rental home. That home's value has increased, perhaps exponentially, over the last couple of years. And so if you have a renter who's behind on the rent, or even if they're current on their rent, you might want that asset back so you can sell it,” Conine said. “Now, that's obviously in a bit of conflict with what the government's goal here is, just to keep people safe and keep people in their homes.”

Proponents of the bill have described their work in recent weeks as a way to slow the eviction process enough such that tenants can be matched with assistance dollars so the hundreds of millions of dollars in aid is put to use and not reverted to the government. 

“In late March, I extended the eviction moratorium for a final time and promised to work with the Legislature toward a solution that will help both landlords and tenants as we approach the end of the moratorium,” Gov. Steve Sisolak said in a statement after the bill was introduced. “This proposed legislation will help ensure federal rental assistance makes its way to the tenants and landlords who need it and will also provide an opportunity for eligible small landlords to apply for and access rental assistance directly.”

Though Clark County’s rental assistance fund is thought to be enough to help 40,000 households, applications are only being approved at a pace of about 1,000 per week; 27,000 have been approved in the county since the program began last July, according to Assistant County Manager Kevin Schiller.

Schiller said the Clark County CARES Housing Assistance Program is looking to receive a third round of funding to continue rental assistance and rehousing efforts. The program administered $92 million in aid in the first round, and right now is working with $160 million.

A major provision of the bill allows tenants to use a landlord’s refusal to accept rental assistance money as an affirmative defense in an eviction proceeding.

Under the bill, a court would be required to dismiss eviction proceedings if a tenant receives rental assistance while proceedings are underway or if a landlord refused to accept rental assistance on behalf of the tenant. Courts would also be authorized to impose civil penalties on a landlord found to have wrongfully evicted a tenant and also would require the landlord to pay a plaintiff’s costs and attorney fees.

The measure also seeks to address the requirement that a tenant must apply for aid, and that a landlord cannot apply on their behalf, even though the money eventually ends up with the landlord. The bill sets up a process for determining whether a landlord is eligible for rental assistance, stipulating that state-affiliated nonprofit Home Means Nevada would create an electronic form that landlords can fill out if they want to receive rental assistance on behalf of tenants who defaulted on rental payment. 

To receive rental assistance, the bill specifies that a landlord must meet the following criteria:

  • Own a single family residence
  • Seek rental assistance for at least one dwelling unit in the single family residence
  • Lives in Nevada or employs a property manager in the state
  • Has an annual gross revenue from all rental units in Nevada of less than $4 million.

Once Home Means Nevada determines that a landlord is eligible to receive assistance, the organization would forward the information to an appropriate housing or social service agency that would then attempt to connect with the tenant.

On the condition that the state receives federal funding on or after July 1, as expected, the bill would also require the state to disburse $5 million dollars of that money for additional rental assistance. The goal is that that allotment would have fewer restrictions than money pre-designated for rental assistance from the federal government — particularly over the requirements that tenants be involved.

“We were trying to figure out a funding source that was going to not have the restrictions that the rental assistance does for those cases when landlords have tenants aren't being responsive,” said Assemblyman Steve Yeager (D-Las Vegas). “So that there's a pot of money for them when they say, ‘look I would accept … the money and not evict, but I can't get the tenant to engage.'”

The problem that landlords and tenants are not always cooperating in the process of soliciting assistance was acknowledged recently by the Biden administration. The U.S. Treasury has issued guidance aimed at working around the hitch by requiring rental assistance dollars to be given directly to tenants if landlords choose not to cooperate and emphasizing that aid could be used to get a tenant set up in a new home rather than only to keep them in the same living situation.

Schiller said Clark County is working to keep landlords informed and engaged with the rental assistance and eviction prevention programs by holding town hall meetings. Landlords now also have the option to use a portal to submit documentation, which Schiller said would help to expedite payment. 

“When we reviewed our initial rental assistance program … the fact that landlords have to put in their vendor information and their W-9s, confidentiality is a key issue in that,” Schiller said at a press conference announcing an eviction prevention program in Clark County that will be a collaborative effort between local and state entities. “We actually did I.T. upgrades to support that portal so they can do that independent of those applicants, which tends to be a barrier to expediting payment in the process.” 

Many other housing measures have died during the session amid vocal opposition from real estate agents and landlord groups, with Democratic lawmakers pegging their hopes on the forthcoming bill as a path forward on the issue. A bill to ban rapid “summary evictions,” AB161, was downgraded to a study on the practice, with bill sponsor Assemblywoman Selena Torres (D-Las Vegas) saying the volatile housing climate was not suited to major changes in eviction law.

Another tenant protection measure that passed out of the Senate on a party-line vote with Republicans in opposition, SB218, would have strengthened tenants’ rights to reclaim their security deposits and would have limited landlords to charging an application fee to no more than one prospective tenant at a time. But the bill died without a hearing in the Assembly.

Some protections survived, including a bill, AB308, enshrining in law a three-day grace period before landlords can charge late fees for overdue rent.

Meanwhile, Clark County officials prepare for the moratorium to end by establishing an eviction prevention program, a collaborative effort between the county, the CARES Housing Assistance Program (CHAP), Legal Aid Center of Southern Nevada, Home Means Nevada and the justice courts of Las Vegas, North Las Vegas and Henderson. 

When tenants who are served an eviction notice file a response with the court, that will trigger a process that involves a Clark County case worker reaching out to them, guiding them through a rental assistance application and connecting them with other resources as needed.

“Now in the next couple of months, Legal Aid Center, as part of this plan, will be focusing on outreach to tenants. We have been doing our best over the last year to get the message to tenants about what they need to do to protect themselves from eviction,” Jim Berchtold of the Legal Aid Center of Southern Nevada said in the press conference, adding that the outreach efforts will be in multiple languages. 

The program is expected to continue past the pandemic to treat housing needs that may follow. 

“We're anticipating a wave of evictions with the roll off June 1. We just don't know what the size of that wave is … But we know we're going to have to rehouse people, there will be evictions,” Schiller said. “We know there's a wave coming, our goal is to get as many life rafts in the water as possible… this will not be a short-term process but a long-term process.”

Updated at 5:56 p.m. on 5/20/21 to add comments from Yeager, Schiller, Berchtold and Sisolak.

Deadline Day: Lawmakers advance dozens of bills as death penalty repeal, tenant protection measures fail

Despite the high-profile spiking of an effort to repeal the state’s death penalty, Nevada lawmakers rushed to process more than a hundred proposals ahead of another major legislative deadline.

Friday at midnight marks the deadline for most bills and resolutions to pass out of their second committee, typically a major legislative culling with less than two weeks left before lawmakers must adjourn the state’s 120-day session.

As of Friday, lawmakers had passed more than 90 bills out of committee with several committees running into the evening hours. High-profile measures making the cut on Friday included bills expanding anti-discrimination housing protections, limiting police use of force and banning use of police ticket quotas.

But one of the biggest casualties of deadline day was already known by Thursday, when Gov. Steve Sisolak and legislative Democratic leaders announced that an effort to repeal the state’s death penalty, AB395, had “no path forward” this legislative session. The bill had previously been approved by the Assembly on a party-line 26-16 vote, but faltered in the Senate amid hesitation from Democratic lawmakers and Sisolak to fully repeal capital punishment.

The demise of the bill — which one public defender described as a “gut punch” and ACLU representatives described as “an embarrassment” — eclipsed much of the attention for the day, with supporters calling in to unrelated hearings to relay deep disillusionment with Democratic leaders who failed to advance it. Progressives also lamented the bill’s failure on social media and said that aside from AB116, a bill that could decriminalize traffic tickets and is in limbo in a money committee, no other legislation considered this session comes close to fulfilling hopes of expansive criminal justice reform.

Outside of that high-profile bill failure, lawmakers nonetheless moved to pass out dozens of noteworthy bills ahead of Friday’s deadline, including measures banning decorative turf, limiting no-knock police warrants, allowing curbside pickup of cannabis products and implementing rate caps on calls to inmates.

But the relentless ticking of the clock continues. The next major legislative deadline, for bills to pass out of their second house of origin, is set for May 21 — just a week away.

Here’s a look at which higher-profile bills passed and failed as of Friday’s deadline.

FRIDAY

Cat declawing ban dies

A bill that would have banned the declawing of cats will not survive past the deadline, according to Sen. Fabian Doñate (D-Las Vegas), the chairman of the Senate Natural Resources Committee.

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

“I think there were just a lot of different moving parts and we couldn't really come into agreement,” Doñate said. “There were other bills that we had to prioritize like the water bill, the mining bill.”

He said some lawmakers were hesitant because relatively few other states have enacted such a law. There were also unanswered questions about how the bill’s provisions interacted with other parts of statute — specifically, whether veterinarians who declaw a cat would be prosecuted for animal cruelty.

“Hopefully we get the chance to bring it back next session, now that we know where it stands,” he said.

Bill banning police tickets quotas 

Nevada is one step closer to joining the handful of states that ban police tickets and arrest quotas, even though law enforcement agencies have previously said they do not have such quotas. 

The Senate Committee on Government Affairs passed out AB186, a bill sponsored by Assemblywoman Rochelle Nguyen (D-Las Vegas), which prohibits police agencies in the state from ordering, mandating, or requiring officers to “issue a certain number of traffic citations or make a certain number of arrests over any period.”

An amendment to the bill was made to remove a provision which would have also prohibited agencies from considering the number of citations issued, arrests made or amount of fines assessed from citations by any individual police officer during a performance review, a concern that was brought up during a previous hearing of the bill

“The bigger concern I had is when we eliminate it from even being considered, you hear that enforcement does use things like this to determine whether or not they have a rogue copy on hand,” Sen. Ira Hansen (R-Sparks) said prior to voting against the bill.

But Sen. Marilyn Dondero Loop (D-Las Vegas) assured the committee that if the agency already does not use quotas then the bill “wouldn't matter” because they are applying what the bill sets in statute and the amendment addresses the concern of using the number of citations and arrests during performance reviews. 

Reducing barriers to contraception 

Members of the Assembly Committee on Commerce and Labor passed out SB190 on Friday, which is sponsored by Senate Majority Leader Nicole Cannizzaro (D-Las Vegas). The bill would allow women to receive birth control through a pharmacy without a doctor’s visit.

An amendment on the bill would require the State Board of Health to create a protocol for dispensing contraceptives that would include providing patients with a risk assessment questionnaire to patients who request contraception.

Assemblywoman Maggie Carlton (D-Las Vegas) and Assemblywoman Jill Dickman (R-Sparks) were the only members of the committee to vote against the bill.

“I still have some concerns about especially minor children getting birth control dispensed without seeing a doctor,” Dickman said. “So I'm going to be no right now, I might change on the floor.”

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

HOA debt collection reform

SB186, a homeowner’s association (HOA) reform bill, passed out of the Assembly Committee on Commerce and Labor. 

The bill, sponsored by Sen. Pat Spearman (D-Las Vegas), would prohibit a collection agency from collecting a debt from a person who owes fees to an apartment manager, homeowner’s association, or tow car operator, under certain circumstances. It also requires a collection agency to file an annual report with information about debt collected for an HOA during the previous year.

Amendments on the bill prohibit an HOA that uses the foreclosure process from selling a foreclosed home to any person involved or connected to the foreclosure process, requires an HOA to send its notices and communications via e-mail as well as physical mail and mandates that each HOA in a common-interest community with more than 150 units establish a website or electronic portal that members may access.

Republican Assembly members Heidi Kasama and Jill Dickman were the only members of the committee to vote against the bill.

Regulations on food delivery platforms

Members of the Assembly Commerce and Labor committee also passed out AB320, a measure sponsored by Sen. Dina Neal (D-Las Vegas) that would establish regulations for the relationships between restaurants and delivery platforms. 

Under the bill, food delivery platforms would need to be transparent about all fees attached to an order, including a disclosure of the commission charged to the restaurant — expressed as a percentage of the food purchase price.

Regulations specify that a food delivery service platform provider would need to enter into a written agreement with a food establishment before facilitating an online order and that an establishment may submit a written request to be removed from a platform. Any providers in violation of the bill would be subject to a daily $500 penalty.

An amendment attached to the bill would:

  • Lower the limit on the maximum fee that could be charged by a food delivery serve platform provider from 20 percent to 15 percent during a state of emergency declared by a county
  • Provide that the limitation on the maximum fee that may be charged is effective only in a county in which a declaration of emergency is in effect
  • Stipulate that the bill does not preempt any local ordinance that places limits on the maximum fee that may be charged, as long as that ordinance was in effect before April 30, 2021

Tiger King bill

SB344, a bill that bans people and organizations from possessing, breeding, importing or selling dangerous wild animals except for those who fall in a certain category, including veterinarians, certain accredited zoos and certain resort hotels, passed unanimously out of the Assembly Natural Resources Committee on Friday.

The measure, nicknamed the “Tiger King bill” after the Netflix series about tiger collector Joe Exotic, grandfathers in people who already own the animals. People could keep any exotic pets they had as of July 1, 2021. 

A committee amendment passed along with the bill clarifies that employees with a special license and training are allowed to have direct contact with dangerous wild animals. The amendment also provides that people who receive disciplinary action relating to their wild animal license may still be exempt from the prohibitions of the bill, if they resolve the issue before July 1.

Tiny house bill survives deadline

Members of the Assembly Government Affairs committee voted Friday evening to keep alive a bill by Sen. Dallas Harris (D-Las Vegas) authorizing and requiring large counties and cities regulate and zone areas for tiny houses.

The bill, which passed out with some Republican opposition, set requirements for cities and counties to develop zoning laws for tiny houses no more than 400 square feet in size, with options including building tiny houses as an addition to a property, as designated single-family dwellings or in a space similar to a mobile home park.

The measure was passed out of committee with a conceptual amendment offered by Assemblywoman Selena Torres (D-Las Vegas) that would require counties take environmental impacts into account when zoning for tiny houses.

Temporary suspension of pupil growth requirement

AB57, a bill pausing certain requirements for teacher and administrator evaluations, passed out of the Senate Committee on Education with some Republican opposition.

As amended, the bill suspends requirements that pupil growth account for 15 percent of the evaluation of a teacher or administrator for the 2021-2022 school year and holds teachers harmless who did not meet their student learning goals from 2020-2021.

Changes to teacher-student ratios

Members of the Senate Committee on Education also passed AB266, a bill prohibiting administrations from being included in teacher to student ratio calculations and requiring that school districts determine the number of vacancies needed to reach state board recommended ratios.

The measure also requires that anyone evaluating a teacher responsible for a class that exceeds ratio recommendations to award the teacher additional weight on criteria within the state’s performance evaluation system. But an amendment attached to the bill would apply that weight only if a teacher was past the probation period and rated as effective or better and prohibit the additional weight from raising the score above the maximum possible score.

Wide-ranging housing protections

A bill aimed at strengthening anti-discrimination housing protections for formerly incarcerated individuals passed out of the Assembly Committee on Government Affairs on a party-line vote, with all Republicans in opposition.

SB254, which also passed out of the Senate on party lines with Democrats in support, prohibits, with some exceptions, a landlord looking to rent or lease a dwelling from:

  • Inquiring into an applicant’s criminal history, conviction record or arrest record
  • Refusing to rent or negotiate a rental or lease agreement based on an applicant’s criminal background
  • Publishing or releasing any notice that indicates a preference based on an applicant’s criminal history
  • Evicting a tenant based on an arrest record or criminal history.

Exclusions within the bill allow landlords to still conduct a background check to determine whether an applicant has committed arson, a sex crime or a violent felony — and subsequently refuse to rent to someone based on those criminal convictions.

The bill previously stipulated that a landlord could not reject an application because the prospective tenant receives housing assistance funds, but lawmakers on Friday approved removing those protections through a conceptual amendment.

Still, Republicans opposing the bill cited fears that it would infringe on landlord’s property rights.

"There are cases where we should protect people's right to housing. But these people made a choice to break the law," Assemblywoman Annie Black (R-Mesquite) said during the committee’s hearing on the bill. "And I believe that we don't have a place to tell a private property owner who they can and can't rent to, whether we have done that historically or we haven't."

Open-meeting laws exemption

Members of the Assembly Committee on Government Affairs approved moving forward with a bill allowing elected officials to meet behind closed doors when discussing certain projects with environmental effects.

SB77, proposed on behalf of the Legislative Committee on Public Lands, would exempt certain pre-decisional meetings and records involving environmental issues from the state’s Open Meeting Law and Public Records Act. The bill passed out of committee with all Republicans in opposition.

Supporters say that the bill is needed to comply with both federal and state laws, but open government advocates have argued that the measure would limit transparency in a process that has real-world consequences — whether mines are approved or power lines are erected. 

Per a verbal conceptual amendment added by Assemblywoman Selena Torres (D-Las Vegas), the bill would specify that a pre-decisional meeting should not have any other additional agenda items.

Hate crime definitions

The Assembly Judiciary Committee passed SB166 on Friday, a bill clarifying that a crime does not need to be committed by someone with different characteristics than the victim to be considered a hate crime.

The bill specifies that such characteristics include race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity, and provides that a perpetrator may be punished with an additional penalty if the person commits a crime based solely on the characteristic of the victim.

An amendment from public defenders in Washoe County and Clark County was added to the bill to clarify that the actual or perceived characteristic of the victim must be the primary cause of the crime. Assemblyman Steve Yeager (D-Las Vegas), the chair of the committee, also noted that the language in the amendment would be cleaned up by legal counsel before the measure reaches the Assembly floor.

Lawsuits over sexual exploitation

Members of the Assembly Judiciary Committee also voted out SB203 with an amendment from the bill’s sponsor Sen. Marilyn Dondero Loop (D-Las Vegas) and the Nevada Justice Association. The bill allows a victim of sexual abuse, exploitation or pornography involving minors to commence a civil action to recover damages at any time after the violation occurred.

The amended version of the bill maintains the existing 20-year statute of limitations to commence an action after a victim reaches 18 years of age, though a previous version of the bill completely removed the statute of limitations for victims of child sexual exploitation to bring lawsuits against the parties involved.

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

Limits on police use of force

A sweeping police reform bill, SB212, putting additional limits on police use of force, use of restraint chairs and police dispersal techniques during protests passed out of the Assembly Judiciary Committee on Friday, largely along party lines with Republicans in opposition.

The bill would require police officers to use de-escalation techniques and other alternatives before resorting to higher levels of force to arrest an individual and require police agencies to adopt use of force policies.

The bill limits use of the restraint chair to no more than two hours unless authorized by a supervising officer and would ban its use 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.

A wide-ranging amendment from the bill’s sponsor, Sen. Dallas Harris (D-Las Vegas), was also passed with the bill. The amendment prohibits an officer from using deadly force against people posing a danger to themselves, if they are not also posing an imminent threat to the officer or others.

The amendment additionally provides that if there is an immediate threat of harm or death at a protest or demonstration, then officers are not required to give an order to disperse.

Savings accounts for low-income Nevadans

Assembly members in the Health and Human Services Committee passed SB188, which could grant some low-income Nevadans the opportunity to create a savings account and receive matching funds from a bank of up to five times the amount of their deposits.

The bill creates the “Individual Development Account Program,” if sufficient funds are obtained, and would allow people living in low-income housing projects, who have enrolled in Medicaid or who are in the foster care system, to be eligible to set up an account.

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

An amendment passed with the bill would allow a relative or fictive kin of a minor placed in his or her care by an agency which provides child welfare services to set up a savings account for the child, that could be accessed when the minor reaches 18 years of age.

THURSDAY & WEDNESDAY

Tenants rights bill

Sen. Julia Ratti (D-Sparks) has acknowledged that her tenants’ rights bill SB218 is dead. Assemblywoman Sandra Jauregui (D-Las Vegas), who chairs the Assembly Commerce and Labor Committee, told the Nevada Current that she would not give the bill a hearing by the deadline.

The bill would have enshrined a grace period of at least three days before a landlord could assess late fees for rent, required landlords to return a security deposit within 28 days rather than 30, specified that a landlord could only charge an application fee to one prospective tenant at a time and clarified that landlords cannot dock a person’s security deposit for normal wear and tear.

During a short interview with The Nevada Independent on Friday, Jauregui said that the bill did not receive a hearing because there was not enough time to work with all stakeholders.

“There was a ton of opposition and I obviously didn’t have time to work through it,” Jauregui said. “Sometimes these discussions are lengthy and they involve a ton of stakeholders, and we have to make sure that we’re giving everyone the opportunity to weigh in on them.

The bill had drawn significant opposition from real estate agents who, along with developers and PACs funded by real estate companies and other development industries, contributed more than $1.3 million to lawmaker campaigns — the most money any single industry donated to state legislators.

“We are losing, I think, the biggest tenant’s rights bill of the session thus far,” Bailey Bortolin of the Nevada Coalition of Legal Service Providers said during a forum hosted by Battle Born Progress.

Bortolin said she was told there was too much opposition to the bill, but added that “I don't think it would have been worthwhile to pursue a bill that didn't have any opposition.”

Ratti said in a brief interview on Thursday that she couldn’t speak to why the bill was set aside, but “I think it's good policy and I stand by the bill.”

Ratti added that the most important thing in the works this session is yet-to-be-introduced legislation that would provide a “glide path” that averts a wave of evictions once moratoriums lift this summer. 

Bortolin said she does expect another tenant rights bill — AB141 from Assemblyman Howard Watts (D-Las Vegas) — will come up for a committee vote on Friday and clear the deadline. That bill automatically seals the records of people who were subject to a summary eviction during the pandemic.

It will not cover tenants whose landlords sought other routes to evict them during the pandemic, such as for a lease violation, but would cover people who were unaware of how to defend themselves during the moratoriums and were subject to a rapid summary eviction, Bortolin said.

Banning decorative grass

An estimated 12 billion gallons of Colorado River water could be saved each year under AB356, which passed unanimously on Thursday out of the Senate Natural Resources Committee.

The bill, pushed by the Southern Nevada Water Authority (SNWA), aims to phase out decorative grass in non-residential developments in Southern Nevada over the next five years.

An amendment attached to the bill clarifies that the waters in the Colorado River distributed by the SNWA or its member agencies may not be used to irrigate grass on any property that is not zoned exclusively for single family residences. The amendment also expands membership of a grass removal advisory committee from seven to nine members, adding a second Homeowner’s Association representative and a golf course representative.

“This is an opportunity for the Nevada Legislature to take action on one of the largest and boldest water conservation initiatives, ever," Assemblyman Howard Watts (D-Las Vegas) said when he presented the bill to the committee on Monday. “It is one that our community in Southern Nevada is going to depend on in order to sustain itself moving forward."

Pot for pets

Veterinarians could soon be allowed to prescribe hemp or CBD products to an animal under a measure passed by the Senate Natural Resources Committee on Thursday.

Sponsored by Assembly Steve Yeager (D-Las Vegas), AB101 would give veterinarians the ability to administer hemp or CBD products containing no more than 0.3 percent of the psychoactive compound THC to an animal, or recommend those products to a pet owner.

Supporters of the bill say that it could help veterinarians treat conditions such as anxiety, pain, cancer and arthritis and would stop the Nevada Board of Veterinary Medical Examiners from disciplining licensed veterinarians or facilities solely for administration or recommendation of a hemp or CBD product.

Incentives for affordable housing developments

Members of the Assembly Committee on Revenue on Thursday unanimously approved a measure designed to support Nevada’s affordable housing market.

SB284, sponsored by Sen. Julia Ratti (D-Sparks), would remove an expiration date on the state’s Low Income Housing Tax Credit Program — established during the 2019 session as a pilot program allocating $10 million in tax credits for affordable housing development annually over a period of four years.

The program was one of the state’s most high-profile efforts to address the affordable housing crisis in 2019, but the pandemic slowed down its rollout, and Ratti said eliminating expiration dates on the program would give it more time to grow.

Multi-parent adoption

Democrat Assemblywoman Rochelle Nguyen’s AB115 — allowing multiple parents to adopt a child — passed out of the Senate Judiciary Committee on a party-line vote, with Republicans in opposition.

The bill authorizes a court to determine that more than two people may have a parent relationship with a child. It would also recognize the parental rights of stepparents and same-sex parents and would allow for children who are born to surrogate parents or who have divorced parents to have more than two names listed on a birth certificate.

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

Sen. Keith Pickard (R-Henderson) said he opposed the bill because of an amendment specifying that each prospective parent may petition the court for the adoption of a child as an individual petitioner.

“The inclusion of language and the amendment of a joint petitioner without creating a mechanism whereby joint petition is authorized, I think, is going to be particularly problematic for the courts,” he said.

Giving teeth to a DMV pilot program 

A measure making changes to a DMV pilot program gathering data on annual vehicle miles traveled passed out of an Assembly Growth and Infrastructure Committee meeting on Thursday with four Republicans in opposition.

The bill, SB371, removes recreational vehicles from the list of vehicles for which odometer readings must be submitted to the DMV, prohibits the DMV from disclosing information provided under the pilot program to an insurer and authorizes the DMV to fine participants for not reporting miles traveled. It previously passed unanimously out of the Senate.

In response to objections from Republican committee members, supporters said that the fines would be the lightest way to ensure that the program generates a robust data set that offers insight into driving patterns in the state.

“As long as people follow the rules, they don't have to pay the fine,” Assemblywoman and Committee Chair Daniele Monroe-Moreno (D-North Las Vegas) said.

Rate caps for inmates

Assembly Growth and Infrastructure Committee members also passed SB387, a bill that would require the state Public Utilities Commission (PUC) to regulate and set rate caps on businesses that provide calling services for inmates.

The bill, which passed unanimously out of committee, would authorize the PUC to establish rate caps and charge limits on inmate calling services — requiring any competitive supplier of inmate calling services to file their rates with the commission, and publish their rates, terms and conditions on their website.

Tribal government representation

Members of the Senate Legislative Operations and Elections committee also voted out AB95 on Thursday, granting approval to the bill that would add a tribal government representative to the  Legislative Committee on Public Lands.

Proposed constitutional changes advance

Members of the Senate Legislative Operations and Elections Committee advanced two proposed amendments aimed at cleaning up outdated language in the state Constitution.

Committee members unanimously advanced AJR1, a proposal from Assembly Minority Leader Robin Titus (R-Wellington) that would modernize language currently referring to institutions for the “Insane, Blind and Deaf and Dumb” with “persons with significant mental illness, persons who are blind or visually impaired, persons who are deaf or hard of hearing and persons with intellectual disabilities or developmental disabilities.”

The committee also approved AJR10, a proposed change by Assemblyman Howard Watts (D-Las Vegas) removing language allowing slavery or involuntary servitude as a criminal punishment.

If approved by the full Senate, both resolutions would advance to the 2023 legislative session. If lawmakers two years from now approve the resolutions again, they will head to the 2024 ballot.

Limiting no-knock warrants

Following calls across the country spurred by the death of Breonna Taylor to ban no-knock warrants, lawmakers are continuing to push forward a bill to restrict that practice in Nevada.

The latest push came Wednesday as members of the Assembly Judiciary Committee voted unanimously to advance SB50, a bill introduced on behalf of the attorney general that would prohibit the issuance of no-knock warrants unless a sworn affidavit demonstrates that the underlying crime is a felony that could pose a significant and imminent threat to public safety or the warrant is necessary to prevent significant harm to the officer or another person. The bill previously passed unanimously out of the Senate.

Though progressive advocacy groups have pushed for a complete ban of no-knock warrants, it has attracted support from police groups after amendments were added to the bill.

Curbside pickup for marijuana

Members of the Assembly Judiciary Committee also voted out SB168 on Wednesday, with no votes from the four Republican legislators on the committee.

The bill authorizes dispensaries to engage in curbside pickup under regulations from the state Cannabis Compliance Board, such as setting designated parking spots for pickup. Curbside pickup for marijuana sales had previously been authorized by Gov. Steve Sisolak in 2020 as an emergency measure during the COVID-19 pandemic.

The bill also makes some changes to the packaging of cannabis products, including a requirement to label all products with the phrase “keep out of reach of children” and a provision giving the compliance board the authority to regulate the packaging and labeling of products.

Tobacco and vapor products

Members of the Senate Revenue and Economic Development Committee approved AB360 on Thursday. It would require any seller of tobacco or vapor products “utilize age-verification technology at the point of sale” to ensure that any buyers who appear under the age of 40 are at least 18 years old. Violators of that procedure would be liable for a $100 civil penalty for each offense.

Another tobacco-related bill, AB59, passed out of the Senate Judiciary Committee on Wednesday. It would ensure state compliance with a federal law that raised the minimum age for buying tobacco products from 18 to 21 in December 2019. The state has three years from the passage of that legislation to conform its minimum age law, before facing possible financial penalties.

Updated at 3:23 p.m. on Friday, May 14 to include details of bills that passed out of committee on Friday. Updated again at 8:43 p.m. to add additional details of bills that passed out of committee.

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

Senate chambers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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