Behind the Bar is The Nevada Independent’s newsletter devoted to comprehensive and accessible coverage of the 2021 Legislature. 

Welcome to the second edition of Behind the Bar, which digs into why lobbyists aren’t having to register so far this session, the return of Joyce Woodhouse, a push for environmental justice and an update on COVID vaccine numbers for Department of Corrections staff and inmates. We’re also sharing remembrances of former Assembly Sergeant at Arms Robin Bates, who passed away from COVID-19 complications this week.

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I want to hear from you! Questions, comments, observations, jokes, what you think we should be covering or paying attention to. Email me at [email protected].

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It’s weird.

That’s probably the best description I could give to describe how the 2021 Legislature has operated over the first few days. The other go-to example I’ve used is that everyday seems to feel like how a Friday felt during a “normal” session, where the building is half cleared out and a general sense that no one really wants to be there.

The addition of session staff helps things feel a little more normal, as compared to the special sessions where the building felt especially empty. 

But the normal pulse of the building is off. There really are not many people wandering the halls, no bustle between committee rooms, no huddles of lobbyists or anything like that. Instead, most lawmakers stick to a small travel loop between their individual offices, floor sessions and caucus rooms (most of which have removed large tables and instead have movie-theater style chairs around the perimeter of the room, separated by plexiglass dividers).

Session operations and the pace of the Legislature will eventually settle into a rhythm. And complaining about how the legislative session feels different seems small compared to the other disruptions, pain and loss of life caused by the COVID-19 pandemic. 

But it’s still worth noting how legislative operations have changed. Lawmakers do form personal relationships when spending time together in the building, eating lunch or sitting through long committee meetings. Will that be the same if everyone is in their office, primarily interacting through Zoom? Is there more friction and less trust between legislators than before, and will that play a role in whether or not the session ends on time?

I’m hopeful that legislators, staff and anyone who needs to be in the building on a normal basis can and will get vaccinated before the end of session, and return some kind of sense of normalcy to how the process usually works.

In the meantime, we’ll keep providing these updates. This kind of writing is new to me, but I hope it gives a rough sense of what it’s like covering normal legislative business in the middle of a once-in-a-lifetime pandemic.

— Riley Snyder

Lobbyists registration on hold 

As of Wednesday, not a single person has officially registered with the Legislative Counsel Bureau to lobby during the 2021 Legislative session.

That’s not because Nevada has advanced to a utopia of a society where lobbyists are no longer needed. Instead, it’s because of a loophole created through the decision to close the physical Legislative Building to the public during the session.

Nevada law defines a lobbyist as someone who both “communicates directly with a member of the Legislative Branch on behalf of someone other than himself or herself to influence legislative action” and “appears in person in the Legislative Building” or other building where a legislative committee meets.”

Anyone who acts as a lobbyist (as defined in state law) is supposed to register with the Legislative Counsel Bureau within two days after beginning lobbying activity. In normal, non-pandemic times, they register with the LCB and appear on an online registry where their information and clients are listed.

But as the building is closed to the public and to lobbyists, there’s no way for a lobbyist to actually enter the building and register under the normal procedure. Plus, they’re not considered a lobbyist until they’re actually in the building, regardless of any advocacy for legislation they may engage in virtually or over the phone.

A solution is being worked on. Assembly Speaker Jason Frierson has submitted a bill draft request that would require registration for anyone who is engaged in lobbying activity virtually. Such a measure was also hinted at in LCB Director Brenda Erdoes’ January announcement of the Legislative Building’s closure, saying such a bill would “bring Nevada’s Lobbyist Statutes into conformity with similar laws of other States.”

Frierson’s bill hasn’t been formally introduced yet, but it’s expected to move quickly through the legislative process. In the interest of transparency, it should — the public list of lobbyist registrations is not only a valuable reporting tool, but an important disclosure to make to the public.

— Riley Snyder

Woodhouse’s return 

Even though she was termed out of office at the end of the 2019 session, former Democratic state Sen. Joyce Woodhouse has returned to the Legislature.

Woodhouse has been hired as a Leadership Officer through the Legislative Counsel Bureau and is positioned with the Senate Majority Leader. It’s a nonpartisan position, but it's not unusual for legislative leadership to transition someone from the political world into an LCB position for the length of the legislative session.

But those hires have in past sessions tended to be political operatives, not former legislators. Woodhouse brings a wealth of institutional knowledge — she’s the former chair of the Senate Finance Committee, and chaired an interim committee on the redistricting process.

Woodhouse’s previous district, Senate District 5, was flipped to Republican control after the 2020 election. Republican Carrie Buck — who ran and lost against Woodhouse in 2016 — now represents the district.

— Riley Snyder

New emphasis on environmental justice 

As the Legislature has become increasingly diverse, lawmakers are highlighting the importance of including communities of color in decision-making and addressing health, economic and access disparities faced by low-income and minority populations — and not just in the criminal justice sphere.

Newly-appointed chair of the Assembly Natural Resources Committee, Howard Watts (D-Las Vegas), stressed that discussing and addressing conservation's racial equity implications has to be a priority during a Nevada Conservation League panel on Monday.

"We're going to be looking at a range of legislation to protect our natural resources, our wildlife," Watts said. "I'm excited to try and make sure that everybody's voice is at the table."

Watts' emphasis on racial justice in the conservation movement and Gov. Steve Sisolak’s inclusion of environmental justice in his climate strategy plan represents a shift in focus from past leadership and addresses advocates who have been calling to include diverse voices in policy planning.

"Black people have made countless contributions to American society and to climate and conservation issues, however, they have historically been left out of the conservation movement, even though Black communities remain one of the communities that are disproportionately impacted by the effects of climate change," Deputy Director of the Nevada Conservation League Verna Mandez said on Monday. "We need to make sure that we do not exclude any voices from the movement."

— Tabitha Mueller

Assembly Sergeant at Arms Robin Bates dies of COVID-19

Lawmakers in a Tuesday floor session honored longtime Assembly Sergeant at Arms Robin Bates, who died of COVID-19 on Monday night. He was known as the voice calling lawmakers into the chambers for floor sessions but also as a boisterous practical joker.

A sergeant in arms is the chief officer coordinating the safety of members of lawmakers and visitors and maintaining decorum in the chambers. After taking the role in 2001, Bates professionalized it, according to Democratic Assembly Speaker Jason Frierson.

“He wanted the office to reflect the seriousness of the work done here,” Frierson said. “He proudly upheld the traditions of the Assembly and represented this House with distinction and honor, both here and nationally. We will all smile when we hear our friend call us into the Chamber he loved so much. He was truly the heart and soul of this chamber.”

Democratic Assemblywoman Teresa Benitez-Thompson said those who knew him long enough may have been on a prison tour with him and heard stories about Nevada history.

“I think what ... so many of us are going to remember is his kindness,” she said. “I saw him defuse situations that could have easily become pretty, pretty, pretty unsavory. We're pretty rowdy, pretty loud, and it was because of his demeanor — always kind, and always respectful.”

Parole Board Chairman Chris DeRicco also gave an emotional tribute to Bates on Wednesday, telling the Assembly Judiciary Committee that Bates filled in for parole hearings as needed for the last 12 years, but took great pride in the six-month breaks he took to serve the Assembly during session.

“He epitomized Nevada, he loved the state and he was always willing and ready to serve,” DeRicco said. “God bless you and your family, my friend.”

— Michelle Rindels

By the numbers

Lawmakers in the Assembly Judiciary Committee have been hearing presentations this week from various state agencies — including the prisons and attorney general’s office — and a few numbers stood out.

32,000: The number of inquiries sent to the attorney general’s constituent services office in 2020. That’s double the number that came in in 2019, and it’s all handled by 3-5 staffers. No wonder we’re getting “please be patient with us” auto-replies from the PIO staff!

81: Number of missing children recovered by the AG’s office in 2019 and 2020. The office says all recoveries were issues related to parental custody and — good news — all were found safe in Nevada.

3,650+: Number of servicemembers helped by the Office of Military Legal Assistance. This was a program started during Adam Laxalt’s tenure in late 2015, and Ford said a big focus this year has been helping military families fend off eviction.

874: Number of Nevada Department of Corrections staffers who have been vaccinated as of Jan. 29, although it’s possible more have been inoculated and haven’t reported it. Prison staff have a priority over inmates, but the statistics indicate less than one-third of the 2,700 employees have received the COVID-19 shot, and they’re being vaccinated at a pace of 100 per week. More than 38 percent of employees have had COVID already, and four have died.

52: Number of inmates who have died of COVID as of Wednesday, per a state dashboard.

1: Number of Nevada prison inmates who have been vaccinated — someone in Ely who got it from a local provider. Prison officials said inmates may get the shot starting in March, and there’s definitely interest — in one facility, 69 percent of residents say they want the vaccine.

---Michelle Rindels

What we’re reading:

If you haven’t, check out the first installments in our Freshman Orientation series (Shondra Summers-Armstrong, Cecelia González). 

Our recap of the first day, plus excellent photos from David Calvert.

Fabian Doñate and Tracy Brown-May were chosen to fill the two legislative vacancies.

A draft version of the “Innovation Zone” concept touted by the governor in his State of the State address is out, and it’s quite a read.

The Nevada Appeal writes up a bill from Sen. Joe Hardy (R-Boulder City) that would raise the cap on state employee salaries. It’s currently set to 95 percent of the governor’s salary, which automatically increased when Sisolak took office in 2019.

Somewhat related, the Nevada Supreme Court has sponsored a bill to raise judicial salaries.

Nevada is jockeying behind-the-scenes to be first on the presidential primary calendar, Michelle Price from the Associated Press reports. Unsurprisingly, the boss is behind the idea.

There are more than double the number of women in the Legislature this session compared with just a decade ago. It’s all in this brief from the Legislative Counsel Bureau’s Research Division.

UPCOMING DEADLINES

Days to take action on Initiative Petitions before they go to the 2022 ballot: 37 (March 12, 2021)

Days Until Legislator Bill Introduction Deadline: 39 (March 15, 2021)

Days Until Sine Die: 117 (May 31, 2021)