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.”

Why Nevada is spending $8 million to refund millions of $1 DMV fees

In the near future, Nevada drivers and anyone who made a transaction at the state Department of Motor Vehicles over the past two years is in line for a somewhat meager payday — a refund of the $1 per transaction technology fee.

Although the actual form of the refunds is still undetermined, the state has allocated roughly $7.8 million to pay back a total of $5.1 million worth of the $1 technology fees assessed on all DMV transactions over the past two years.

Refunds of the technology fee — which has been in place since 2015 and was designed to fund a long-awaited but scandal-stricken DMV system modernization upgrade — didn’t exactly come as a surprise. The fee and an extension of the state payroll tax were challenged by state Senate Republicans in a 2019 lawsuit, and the state Supreme Court ruled in their favor in May 2021, requiring that the state pay back the unconstitutionally extended taxes collected over the past year.

While the DMV this session had requested a further extension of the $1 fee (which legislators did not approve), the agency also had made plans in case of an adverse ruling from the state Supreme Court, sequestering about $5.9 million in fee revenue in case it was ordered to pay the amount back to customers.

But paying back 5.9 million worth of $1 fee transactions comes at a cost — $7.8 million in state Highway Fund dollars, which legislators appropriated to the DMV through a last-minute amendment in the final days of session. 

A DMV spokesman said the agency was still working on details of the refund payments, and that any proposal would need to go through legal review, be approved by all parties involved in the court case and finally receive approval through the Interim Finance Committee — meaning any refund payments are likely months away.

Frustration over the situation was palpable among legislators in the final week of session.

“The biggest part of this whole damn thing is they need the money to fix the technology, so that if they had this problem again, they'd have the technology to fix it,” Assembly Ways and Means Chair Maggie Carlton (D-Las Vegas) said in a late May interview. “It's chicken and the egg, it's just circular. It's crazy. This is a circular firing squad.”

After the state Supreme Court handed down its decision in early May, legislators introduced several bills — AB488, AB491, AB490 — aimed at either retroactively enacting the technology fee or appropriating dollars to the DMV to help cover the cost of issuing refunds.

But all of those measures ran into a similar problem — Republican lawmakers (whose votes would be needed to exceed the constitutional two-thirds majority needed for any tax increase) were generally against any kind of legislative maneuvering to keep the fees in place, either going forward or retroactively.

During a late May hearing on AB488, which would have extended the fee through June 2026 and also would have retroactively permitted the fee from the end of June 2020 onward, state senators James Settelmeyer (R-Minden) and Keith Pickard (R-Henderson) took the unusual step of testifying in person against the bill.

“Judgment has been entered by the District Court in favor of the plaintiffs in the two-thirds case and, in particular, the judgment in favor of the taxpayers and the fee payers,” Settelmeyer said at the time. “I don't want to belabor this point. I'm tired of litigation. People deserve their money back.”

Without a clear path to a two-thirds majority to implement or reinstate the technology fee, Democratic legislative leaders instead opted to focus on allocating funding to the DMV to process the refunds. During a Saturday, May 29 evening budget meeting on AB490, an appropriations bill covering the cost of conducting the refunds. Carlton said lawmakers had a “responsibility to do this now.”

“Believe me, I'd much rather spend this $8 million on autism, that would help solve a big problem with autism right now, but instead we are spending $8 million on helping the DMV refund $5 million,” she said at the time. 

Republican lawmakers on the committee chafed — Assembly Minority Leader Robin Titus (R-Wellington) suggested that since the court gave no timeline, lawmakers could wait and see if the DMV could instead implement a credit system rather than sending out checks. Assemblyman Tom Roberts (R-Las Vegas) suggested that lawmakers put the money in a contingency fund and dole it out through the Interim Finance Committee once the DMV had a more solid plan or other options in place.

“I do believe it's a little premature. I think there's some other options that we can do later on,” Roberts said.

An irked Carlton opted to set the bill aside, saying that she wanted to ensure that a repayment option was actually supported, and was “not just being suggested, and then still voted against, which I have had an experience with this year.”

“Madame Chair, I'll give you my word if that's the way that we go, I’ll support it.,” Roberts replied.

“No comment,” Carlton replied.

Between Republican skepticism and the truncated timeframe of the final days of the session, all three of the legislative fixes to the DMV fee issue were relegated to the legislative dustbin and never advanced past the hearing stage.

Death of the technology fee will not immediately affect the DMV’s planned system modernization upgrades. Language included in one of the budget implementation bills (AB494) directed the state to allocate an additional $13.6 million to the project if the two proposed Assembly bills AB488 and AB491 failed to pass.

Instead, lawmakers opted to amend language into SB457 — another last-minute measure authorizing the DMV to use a greater share of state Highway Fund dollars — that appropriated $7.8 million for the cost of issuing refunds of the technology fees.

“There is no time to wait, and we need to get it done now,” Carlton said prior to Assembly adoption of the amendment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Which legislators had the most success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Success for Republican senators in passing bills was more rare.

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

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

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

Which legislators had the least success with their bills?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When were bills heard and when did they pass?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SENATE

Ben Kieckhefer: 36

Heidi Seevers Gansert: 33

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

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

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

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

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

Pete Goicoechea: 20

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

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

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

Joe Hardy: 17

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

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

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

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

Scott Hammond: 14

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

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

Keith Pickard: 6

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

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

Ira Hansen: 5

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

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

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

Carrie Buck: 3

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

James Settelmeyer: 2

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

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

ASSEMBLY

Jill Tolles: 92

Tom Roberts: 90

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

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

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

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

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

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

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

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

Melissa Hardy: 82

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

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

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

Glen Leavitt: 55

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

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

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

Heidi Kasama: 52

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

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

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

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

Lisa Krasner: 36

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

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

Gregory Hafen: 30

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

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

Alexis Hansen: 18

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

Robin Titus: 5

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

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

Annie Black: 3

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

The Nevada Legislative Freedom Caucus

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

P.K. O’Neill: 19

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

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

Jim Wheeler: 6

Jill Dickman: 6

Andy Matthews: 5

John Ellison: 3

Richard McArthur: 3

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

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

Which Republicans broke up unanimous votes?

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

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

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

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

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

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

Which Democrats dissented from their party?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sisolak signs permanent expansion of mail-in voting, mining tax compromise, dozens of other bills

Gov. Steve Sisolak signed dozens of bills on Wednesday, including one making widespread distribution of mail-in ballots permanent for elections and another imposing a new tax on the mining industry as part of a bipartisan compromise to raise revenue for schools and prevent more drastic tax proposals from heading to the 2022 ballot.

“At a time when State legislatures across the country are attempting to roll back access to the polls, I am so proud that Nevada continues to push forward with proven strategies that make voting more accessible and secure,” Sisolak said in a statement about the elections bill. “Nevada has always been widely recognized as a leader in election administration and with this legislation, we will continue to build on that legacy.”

The bill signings come two days after the Legislature adjourned on Monday at midnight, sending hundreds of bills to Sisolak’s desk for a signature. The governor has ten days (excluding Sundays) after the Legislature adjourns to either sign bills, issue a veto or allow it to become law without a signature.

Here’s a look at some of the 58 bills the Democratic governor signed on Wednesday.

AB495: Mining tax compromise

Six Republican lawmakers joined Democrats in the waning hours of the session to support AB495, a bill that creates a new excise tax on the gross revenues of gold and silver companies. The new tax is estimated to bring in an extra $150 million to $170 million a biennium, and the bill as a whole will earmark more than $500 million over the biennium to education.

“This investment will benefit every student, educator and family in Nevada and I am so proud of the collaborative effort undertaken by stakeholders to bring this legislation over the finish line,” Sisolak said in a statement. “With this legislation, we are well on our way toward creating a better Nevada for our educators, students and families.”

The mining tax came in the face of pressure from three proposed constitutional amendments unveiled last summer. If lawmakers had advanced those, they would have headed to a statewide vote in 2022 and could have had a more dramatic impact on the mining industry, which has long been a target of progressive advocates who say it is not paying its fair share of taxes.

Instead, lawmakers let the three measures die. Two other proposed ballot initiatives — a sales tax hike and a gaming tax hike supported by the Clark County Education Association — are also supposed to be withdrawn by the union as part of the agreement.

The bill also includes a host of other elements of the deal. It designates existing mining tax revenues to education instead of having them flow to the general fund, and it sets aside $215 million of the state’s allotment of American Rescue Plan funds to support traditional and charter schools in their efforts to help children rebound from learning losses brought on by the pandemic.

It also gives a boost to Opportunity Scholarships, a tax credit-funded program that helps low-income children attend private schools but otherwise was on track to be phased out, opens the door for more funds for Medicaid personal care services, calls for a study on alternatives to the current model of elected school board trustees, and tasks the Commission on School Funding with exploring other routes for raising revenue for schools.

AB321: Permanent expanded mail voting

Nevada is now the sixth state to adopt largely all-mail voting systems after Sisolak signed Assembly Speaker Jason Frierson’s AB321, permanently codifying pandemic-related election changes adopted for the 2020 election season. The legislation was staunchly opposed by Republicans; the bill passed on party lines out of both the Assembly and Senate.

“I’m proud of the work we did to expand access to the ballot box for all eligible Nevadans. As John Lewis said, voting is the most powerful non-violent tool we have in a democracy,” Frierson said in a statement.

The bill requires all county and city clerks to send every active registered voter a mail ballot before a primary or general election. Inactive voters, who are legally registered to vote but don’t have a current address on file with election officials, will not be sent a mail ballot. The bill will allow voters to opt out of being mailed a ballot by providing written notice to their local or county election clerk, and the measure maintains certain minimum requirements for in-person polling places. 

The legislation does change some of the deadlines that were in place for the 2020 election — shortening from seven to four days the timeframe after an election when mail ballots postmarked by Election Day can be accepted. There is a reduction of seven to six days in time for voters to fix issues on their mail ballot (a process called “signature cure”). 

It also shortens the time for election officials to finish counting mail ballots after Election Day from nine days to seven days. It also requires the secretary of state’s office to enter into an agreement with the State Registrar of Vital Statistics to cross check the list of registered voters in the state with a list of deceased individuals.

The bill also explicitly authorizes election clerks to use electronic devices in signature verification, require more training on signature verification and adopt a handful of other provisions aimed at beefing up election security measures — including daily audits on any electronic checking of signatures.

A last-minute amendment added to the bill will allow the sponsors of initiative petitions to withdraw qualified petitions up to 90 days before an election — a change intended to give legal authority for the Clark County Education Association to withdraw initiatives aimed at raising sales and gaming taxes. Union leaders have said they’ll pull back the proposed ballot questions after lawmakers approved the mining tax compromise bill, AB495.

The bill appropriates about $12.2 million over the two-year budget cycle to the secretary of state’s office for the costs of ballot stock, postage and postcard notifications.

AB400: Marijuana DUIs

This bill removes “per se” limits on the amount of marijuana metabolite that can be in someone’s blood to trigger a DUI. While the limits are removed for situations that would constitute a misdemeanor, they remain when a person is facing a felony charge.

Supporters of the bill say the per se limits are an inaccurate way to detect impairment because of how marijuana works through the body differently than alcohol. 

The measure passed the Assembly 26-16, with all Republicans opposed, but 16-5 in the Senate after it was watered down from its original version.

SB320: Transparency on food delivery fees

Passed unanimously out of the Senate and Assembly, this measure requires services such as DoorDash and Uber Eats to clearly disclose fees applied to food orders.

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

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

SB166: Hate crimes

This measure clarifies that a crime does not need to be committed by someone with different characteristics than the victim to be considered a hate crime.

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

The measure passed out of the Senate on a party-line vote with Republicans in opposition, and then out of the Assembly in a 33-8 vote.

SB327: Hairstyle discrimination

Nevada joined at least 10 other states, including Washington, California and Colorado, with the passage and signing of SB327, which provides protections against discrimination based on hairstyles associated with particular races.

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

The bill passed out of the Senate in a 20-1 vote, with the only opposition vote from Sen. Ira Hansen (R-Sparks). In the Assembly, Republicans Heidi Kasama (R-Las Vegas), Lisa Krasner (R-Reno), P.K. O’Neill (R-Carson City), Tom Roberts (R-Las Vegas) and Jill Tolles (R-Reno), joined Democrats in support of the legislation, leading to a 33-8 vote.

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

AB195: English Language Learner bill of rights

This measure establishes an English Language Learner (ELL) bill of rights which includes the right to a free and public education (regardless of and without disclosing immigration status), the right to have an interpreter for significant interactions with school districts and information about the student’s progress in the appropriate language. 

The bill’s sponsor, Assemblywoman Selena Torres (D-Las Vegas), said during one of the bill’s hearings that the legislation will help families be aware of their rights and more easily receive aid. 

The bill passed out of the Assembly on a 34-8 vote and then unanimously out of the Senate.

SB344: Tiger King bill

This so-called “Tiger King” bill, nicknamed for the Netflix series on a wild animal collector, prevents people who own a wild animal from allowing it to come into contact with the general public, including through allowing people to take a photo while holding the wild animal.

After passing through the Senate in a 12-9 vote along party lines, the measure was significantly watered down from its original version, which banned the owning, breeding, importing and selling of dangerous wild animals. Members of the Assembly voted 35-6 to pass the bill.

SB203: Lawsuits over sexual exploitation

This measure, sponsored by Sen. Marilyn Dondero Loop (D-Las Vegas), allows a victim of sexual abuse or exploitation, who was a minor at the time of the offense, to commence a civil action to recover damages at any time after the violation occurred. The bill does maintain, though, that any action must commence within 20 years after the victim turns 18 years old.

Entities are also liable for damages if they financially benefit from the exploitation, although a hotel or motel with more than 175 rooms is not considered to have benefited from the rental of a room used in the commission of exploitation.

The bill passed 18-3 in the Senate and 32-9 in the Assembly. All those opposed were Republicans.

June 2, 2021 Bill Signings by Michelle Rindels on Scribd

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

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

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

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

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

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

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

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

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

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

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

Assembly vote

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Senate

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

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

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

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

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

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

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

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

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

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

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

Lawmakers introduce long-anticipated mining tax bill in final days of session, with industry, progressives on board

Trucks at mine site.

With a little more than 48 hours left before the session must end, lawmakers are introducing a bill that would implement a new tax on the mining industry and a host of other provisions that are part of an apparent session-ending deal expected to prevent proposed constitutional amendments on mining from heading to the ballot.

The bill, AB495, was introduced late Saturday in the Assembly, marking the work product of days of furious, behind-the-scenes negotiations between Democratic legislative leadership, Gov. Steve Sisolak and representatives from the mining industry, teacher’s unions and other powerful political players. It’s been scheduled for a hearing on Sunday.

Introduction of the bill was met with praise, sometimes guarded, by progressive groups, the state mining association and the Clark County Education Association. The measure faces a somewhat perilous path to passage given that it requires a two-thirds majority vote with only two days left in the legislative session.

In an interview late Saturday, Assembly Speaker Jason Frierson (D-Las Vegas) said he estimated that the bill would raise about $170 million in new tax revenue over the two years of the budget cycle, which along with other included tax changes would allocate more than $300 million to public education by the next biennium. Frierson said passage of the mining tax deal would mean “we don't have ballot measures” on the 2022 ballot modifying the constitutional cap on mining taxes.

“I think this will reflect a compromise that hopefully everyone can live with,” he said.

The measure would create a new excise tax on the gross proceeds of profitable gold or silver mining companies that report gross revenue greater than $20 million annually, at a rate of 0.75 percent on any revenue reported between $20 million and $150 million, and at a 1.1 percent rate at any revenue above $150 million. The bill sets forth a formula on gross revenue computation and deductions that can be counted against the revenue figure in the bill.

Revenue from the new mining excise tax will be temporarily deposited in the state’s general fund and begin to be deposited in the state education fund beginning in July 2023. It sends the state portion of the existing net proceeds of minerals tax into the state education fund instead of the general fund.

In a statement, Nevada Mining Association President Tyre Gray gave a tentative blessing to the proposal, noting the bill would represent a 100 percent increase in “mining’s contributions to the state,” but marked a compromise that only arrived “after deliberative conversation between Governor Sisolak, legislative leadership, and mining.”

“Unlike other recent revenue sources, these dollars will go entirely to education, while also ensuring that Nevadans remain employed, rural counties remain funded, and mining operations remain viable,” he said.

The bill also includes a grab bag of other provisions. It sends $200 million from the state’s allocation of federal COVID-19 relief funds to the Nevada Department of Education for grants that could support programs to compensate for learning loss during the pandemic in a matching funds-style arrangement.

“You leverage some of the school funds that are being allocated directly to the district with these funds to go to Read by Three and things like that,” said Assemblyman Tom Roberts (R-Las Vegas).

Roberts and Frierson both said they expected that proposed ballot measures proffered by the Clark County Education Association that would raise the sales and gaming tax would be dropped — Frierson said he expected that a separate bill granting the teacher’s union explicit permission to withdraw the ballot initiatives would be introduced in the coming days.

Roberts said the new mining revenue would go to raise base per-pupil funding.

“It's a move in the right direction. It starts to get us to where we can climb up the ladder on national average for education funding,” Roberts said. “This is all dedicated to the base. And so I think we'll see some positive results.”

The bill calls on the Commission on School Funding, which has helped guide the implementation of a new education funding formula, to investigate possible sources of revenue for public schools and  to submit it to the governor and Legislature by 2023.

The bill lays the groundwork for Medicaid recipients to directly receive reimbursements for personal care services. Sen. James Settelmeyer (R-Minden) has long championed that concept to supplement the rate Medicaid already pays for such services.

And in a likely olive branch to Republicans, the bill authorizes the extension of $4.745 million in tax credits for the state’s Opportunity Scholarship program — which offers students from low-income households scholarships to attend private schools. Roberts said he expected subsequent legislation would authorize more spending for the program.

The bill also removes language from 2019 that largely blocked new students from enrolling in the scholarship program by limiting it to students who were already enrolled and for whom there was enough money expected to be available to support the student until they graduated.

The measure will also appropriate $600,000 per fiscal year for the Silver State Opportunity Grant, a state-supported needs-based financial aid program for higher education institutions. The bill as written appropriates $6 million per year, but that number will be revised down.

Progressive advocates have long described mining’s tax structure as a sweetheart deal that falls short of the industry paying its fair share. During a special session over the summer, lawmakers introduced three proposed constitutional amendments tinkering with the tax structure, but so far this session, there has been no action on those measures. 

But the Progressive Leadership Alliance of Nevada, one of the most prominent voices for changing the tax on mining and a major proponent of one of the resolutions, AJR1**, called the compromise in the bill "a strong start to addressing the privileged position mining has held in Nevada’s tax code until now."

"While we will continue to push for what Nevadans truly deserve, this proposal will address the needs of the people in a meaningful way and allow our state the funding needed to maintain and build on critical public services immediately," said Laura Martin, the group's executive director.

The Nevada State Education Association teacher’s union called the proposed tax “a small down payment on our longstanding request,” but said much more was needed to reach a school funding level they would consider adequate.

“Even counting additional funding, significant new revenue sources will need to be developed to meet the [Commission on School Funding’s] recommendations moving forward,” the group said in a statement. “We hoped more progress would take place during this session.”

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.

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

Front of the Nevada Legislature building

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

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

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

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

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

Medical debt collection

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

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

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

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

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

Marijuana DUI

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

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

Removal of non-functional turf

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

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

Cage-free eggs

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

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

Hairstyle protections

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

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

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

Paid-leave for health purposes

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

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

Tiger King bill

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

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

Banning ‘ghost guns’

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

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

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

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

Those arguments failed to sway Democratic lawmakers.

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

Lowering barriers to birth control

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

Prohibiting ‘doxing’

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

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

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

Hate crime changes

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

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

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

Back on Track Act 

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

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

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

HOA debt collection

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

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

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

Marriage license fees to help domestic violence victims

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

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

Land and water conservation

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

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

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

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

Allowing college athletes to profit off their likeness

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

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

Criminal justice changes

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

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

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

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

K-12 Education

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

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

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

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

Higher education changes

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

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

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

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

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

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

Economy & Business 

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

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

Banning racist school logos or mascots

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

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

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

Pot for pets

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

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

Record sealing for pandemic summary evictions

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

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

Reporter Jacob Solis contributed to this report.