Deadline Day: Lawmakers advance dozens of bills as death penalty repeal, tenant protection measures fail
Despite the high-profile spiking of an effort to repeal the state’s death penalty, Nevada lawmakers rushed to process more than a hundred proposals ahead of another major legislative deadline.
Friday at midnight marks the deadline for most bills and resolutions to pass out of their second committee, typically a major legislative culling with less than two weeks left before lawmakers must adjourn the state’s 120-day session.
As of Friday, lawmakers had passed more than 90 bills out of committee with several committees running into the evening hours. High-profile measures making the cut on Friday included bills expanding anti-discrimination housing protections, limiting police use of force and banning use of police ticket quotas.
But one of the biggest casualties of deadline day was already known by Thursday, when Gov. Steve Sisolak and legislative Democratic leaders announced that an effort to repeal the state’s death penalty, AB395, had “no path forward” this legislative session. The bill had previously been approved by the Assembly on a party-line 26-16 vote, but faltered in the Senate amid hesitation from Democratic lawmakers and Sisolak to fully repeal capital punishment.
The demise of the bill — which one public defender described as a “gut punch” and ACLU representatives described as “an embarrassment” — eclipsed much of the attention for the day, with supporters calling in to unrelated hearings to relay deep disillusionment with Democratic leaders who failed to advance it. Progressives also lamented the bill’s failure on social media and said that aside from AB116, a bill that could decriminalize traffic tickets and is in limbo in a money committee, no other legislation considered this session comes close to fulfilling hopes of expansive criminal justice reform.
Outside of that high-profile bill failure, lawmakers nonetheless moved to pass out dozens of noteworthy bills ahead of Friday’s deadline, including measures banning decorative turf, limiting no-knock police warrants, allowing curbside pickup of cannabis products and implementing rate caps on calls to inmates.
But the relentless ticking of the clock continues. The next major legislative deadline, for bills to pass out of their second house of origin, is set for May 21 — just a week away.
Here’s a look at which higher-profile bills passed and failed as of Friday’s deadline.
Cat declawing ban dies
A bill that would have banned the declawing of cats will not survive past the deadline, according to Sen. Fabian Doñate (D-Las Vegas), the chairman of the Senate Natural Resources Committee.
Sponsored by Assemblywoman Susie Martinez (D-Las Vegas), AB209 would have imposed civil penalties on any person who removed or disabled the claws of a cat, as well as sets disciplinary actions that the state Board of Veterinary Medical Examiners can take against a veterinarian who conducts the procedure.
“I think there were just a lot of different moving parts and we couldn't really come into agreement,” Doñate said. “There were other bills that we had to prioritize like the water bill, the mining bill.”
He said some lawmakers were hesitant because relatively few other states have enacted such a law. There were also unanswered questions about how the bill’s provisions interacted with other parts of statute — specifically, whether veterinarians who declaw a cat would be prosecuted for animal cruelty.
“Hopefully we get the chance to bring it back next session, now that we know where it stands,” he said.
Bill banning police tickets quotas
Nevada is one step closer to joining the handful of states that ban police tickets and arrest quotas, even though law enforcement agencies have previously said they do not have such quotas.
The Senate Committee on Government Affairs passed out AB186, a bill sponsored by Assemblywoman Rochelle Nguyen (D-Las Vegas), which prohibits police agencies in the state from ordering, mandating, or requiring officers to “issue a certain number of traffic citations or make a certain number of arrests over any period.”
An amendment to the bill was made to remove a provision which would have also prohibited agencies from considering the number of citations issued, arrests made or amount of fines assessed from citations by any individual police officer during a performance review, a concern that was brought up during a previous hearing of the bill.
“The bigger concern I had is when we eliminate it from even being considered, you hear that enforcement does use things like this to determine whether or not they have a rogue copy on hand,” Sen. Ira Hansen (R-Sparks) said prior to voting against the bill.
But Sen. Marilyn Dondero Loop (D-Las Vegas) assured the committee that if the agency already does not use quotas then the bill “wouldn't matter” because they are applying what the bill sets in statute and the amendment addresses the concern of using the number of citations and arrests during performance reviews.
Reducing barriers to contraception
Members of the Assembly Committee on Commerce and Labor passed out SB190 on Friday, which is sponsored by Senate Majority Leader Nicole Cannizzaro (D-Las Vegas). The bill would allow women to receive birth control through a pharmacy without a doctor’s visit.
An amendment on the bill would require the State Board of Health to create a protocol for dispensing contraceptives that would include providing patients with a risk assessment questionnaire to patients who request contraception.
Assemblywoman Maggie Carlton (D-Las Vegas) and Assemblywoman Jill Dickman (R-Sparks) were the only members of the committee to vote against the bill.
“I still have some concerns about especially minor children getting birth control dispensed without seeing a doctor,” Dickman said. “So I'm going to be no right now, I might change on the floor.”
If the measure passes, Nevada would become the 13th state to legalize pharmacist-prescribed hormonal contraceptives.
HOA debt collection reform
SB186, a homeowner’s association (HOA) reform bill, passed out of the Assembly Committee on Commerce and Labor.
The bill, sponsored by Sen. Pat Spearman (D-Las Vegas), would prohibit a collection agency from collecting a debt from a person who owes fees to an apartment manager, homeowner’s association, or tow car operator, under certain circumstances. It also requires a collection agency to file an annual report with information about debt collected for an HOA during the previous year.
Amendments on the bill prohibit an HOA that uses the foreclosure process from selling a foreclosed home to any person involved or connected to the foreclosure process, requires an HOA to send its notices and communications via e-mail as well as physical mail and mandates that each HOA in a common-interest community with more than 150 units establish a website or electronic portal that members may access.
Republican Assembly members Heidi Kasama and Jill Dickman were the only members of the committee to vote against the bill.
Regulations on food delivery platforms
Members of the Assembly Commerce and Labor committee also passed out AB320, a measure sponsored by Sen. Dina Neal (D-Las Vegas) that would establish regulations for the relationships between restaurants and delivery platforms.
Under the bill, food delivery platforms would need to be transparent about all fees attached to an order, including a disclosure of the commission charged to the restaurant — expressed as a percentage of the food purchase price.
Regulations specify that a food delivery service platform provider would need to enter into a written agreement with a food establishment before facilitating an online order and that an establishment may submit a written request to be removed from a platform. Any providers in violation of the bill would be subject to a daily $500 penalty.
An amendment attached to the bill would:
- Lower the limit on the maximum fee that could be charged by a food delivery serve platform provider from 20 percent to 15 percent during a state of emergency declared by a county
- Provide that the limitation on the maximum fee that may be charged is effective only in a county in which a declaration of emergency is in effect
- Stipulate that the bill does not preempt any local ordinance that places limits on the maximum fee that may be charged, as long as that ordinance was in effect before April 30, 2021
Tiger King bill
SB344, a bill that bans people and organizations from possessing, breeding, importing or selling dangerous wild animals except for those who fall in a certain category, including veterinarians, certain accredited zoos and certain resort hotels, passed unanimously out of the Assembly Natural Resources Committee on Friday.
The measure, nicknamed the “Tiger King bill” after the Netflix series about tiger collector Joe Exotic, grandfathers in people who already own the animals. People could keep any exotic pets they had as of July 1, 2021.
A committee amendment passed along with the bill clarifies that employees with a special license and training are allowed to have direct contact with dangerous wild animals. The amendment also provides that people who receive disciplinary action relating to their wild animal license may still be exempt from the prohibitions of the bill, if they resolve the issue before July 1.
Tiny house bill survives deadline
Members of the Assembly Government Affairs committee voted Friday evening to keep alive a bill by Sen. Dallas Harris (D-Las Vegas) authorizing and requiring large counties and cities regulate and zone areas for tiny houses.
The bill, which passed out with some Republican opposition, set requirements for cities and counties to develop zoning laws for tiny houses no more than 400 square feet in size, with options including building tiny houses as an addition to a property, as designated single-family dwellings or in a space similar to a mobile home park.
The measure was passed out of committee with a conceptual amendment offered by Assemblywoman Selena Torres (D-Las Vegas) that would require counties take environmental impacts into account when zoning for tiny houses.
Temporary suspension of pupil growth requirement
AB57, a bill pausing certain requirements for teacher and administrator evaluations, passed out of the Senate Committee on Education with some Republican opposition.
As amended, the bill suspends requirements that pupil growth account for 15 percent of the evaluation of a teacher or administrator for the 2021-2022 school year and holds teachers harmless who did not meet their student learning goals from 2020-2021.
Changes to teacher-student ratios
Members of the Senate Committee on Education also passed AB266, a bill prohibiting administrations from being included in teacher to student ratio calculations and requiring that school districts determine the number of vacancies needed to reach state board recommended ratios.
The measure also requires that anyone evaluating a teacher responsible for a class that exceeds ratio recommendations to award the teacher additional weight on criteria within the state’s performance evaluation system. But an amendment attached to the bill would apply that weight only if a teacher was past the probation period and rated as effective or better and prohibit the additional weight from raising the score above the maximum possible score.
Wide-ranging housing protections
A bill aimed at strengthening anti-discrimination housing protections for formerly incarcerated individuals passed out of the Assembly Committee on Government Affairs on a party-line vote, with all Republicans in opposition.
SB254, which also passed out of the Senate on party lines with Democrats in support, prohibits, with some exceptions, a landlord looking to rent or lease a dwelling from:
- Inquiring into an applicant’s criminal history, conviction record or arrest record
- Refusing to rent or negotiate a rental or lease agreement based on an applicant’s criminal background
- Publishing or releasing any notice that indicates a preference based on an applicant’s criminal history
- Evicting a tenant based on an arrest record or criminal history.
Exclusions within the bill allow landlords to still conduct a background check to determine whether an applicant has committed arson, a sex crime or a violent felony — and subsequently refuse to rent to someone based on those criminal convictions.
The bill previously stipulated that a landlord could not reject an application because the prospective tenant receives housing assistance funds, but lawmakers on Friday approved removing those protections through a conceptual amendment.
Still, Republicans opposing the bill cited fears that it would infringe on landlord’s property rights.
"There are cases where we should protect people's right to housing. But these people made a choice to break the law," Assemblywoman Annie Black (R-Mesquite) said during the committee’s hearing on the bill. "And I believe that we don't have a place to tell a private property owner who they can and can't rent to, whether we have done that historically or we haven't."
Open-meeting laws exemption
Members of the Assembly Committee on Government Affairs approved moving forward with a bill allowing elected officials to meet behind closed doors when discussing certain projects with environmental effects.
SB77, proposed on behalf of the Legislative Committee on Public Lands, would exempt certain pre-decisional meetings and records involving environmental issues from the state’s Open Meeting Law and Public Records Act. The bill passed out of committee with all Republicans in opposition.
Supporters say that the bill is needed to comply with both federal and state laws, but open government advocates have argued that the measure would limit transparency in a process that has real-world consequences — whether mines are approved or power lines are erected.
Per a verbal conceptual amendment added by Assemblywoman Selena Torres (D-Las Vegas), the bill would specify that a pre-decisional meeting should not have any other additional agenda items.
Hate crime definitions
The Assembly Judiciary Committee passed SB166 on Friday, a bill clarifying that a crime does not need to be committed by someone with different characteristics than the victim to be considered a hate crime.
The bill specifies that such characteristics include race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity, and provides that a perpetrator may be punished with an additional penalty if the person commits a crime based solely on the characteristic of the victim.
An amendment from public defenders in Washoe County and Clark County was added to the bill to clarify that the actual or perceived characteristic of the victim must be the primary cause of the crime. Assemblyman Steve Yeager (D-Las Vegas), the chair of the committee, also noted that the language in the amendment would be cleaned up by legal counsel before the measure reaches the Assembly floor.
Lawsuits over sexual exploitation
Members of the Assembly Judiciary Committee also voted out SB203 with an amendment from the bill’s sponsor Sen. Marilyn Dondero Loop (D-Las Vegas) and the Nevada Justice Association. The bill allows a victim of sexual abuse, exploitation or pornography involving minors to commence a civil action to recover damages at any time after the violation occurred.
The amended version of the bill maintains the existing 20-year statute of limitations to commence an action after a victim reaches 18 years of age, though a previous version of the bill completely removed the statute of limitations for victims of child sexual exploitation to bring lawsuits against the parties involved.
The bill also specifies that people are liable for damages if they financially benefit from the exploitation, although a hotel or motel with more than 200 rooms is not considered to have benefited from the rental of a room used in the commission of exploitation.
Limits on police use of force
A sweeping police reform bill, SB212, putting additional limits on police use of force, use of restraint chairs and police dispersal techniques during protests passed out of the Assembly Judiciary Committee on Friday, largely along party lines with Republicans in opposition.
The bill would require police officers to use de-escalation techniques and other alternatives before resorting to higher levels of force to arrest an individual and require police agencies to adopt use of force policies.
The bill limits use of the restraint chair to no more than two hours unless authorized by a supervising officer and would ban its use for a person who is pregnant.
The measure also aims to put limits on police activities during protests or demonstrations, prohibiting officers from firing nonlethal rounds “indiscriminately” into a crowd or targeting a person’s head, pelvis or other vital areas.
A wide-ranging amendment from the bill’s sponsor, Sen. Dallas Harris (D-Las Vegas), was also passed with the bill. The amendment prohibits an officer from using deadly force against people posing a danger to themselves, if they are not also posing an imminent threat to the officer or others.
The amendment additionally provides that if there is an immediate threat of harm or death at a protest or demonstration, then officers are not required to give an order to disperse.
Savings accounts for low-income Nevadans
Assembly members in the Health and Human Services Committee passed SB188, which could grant some low-income Nevadans the opportunity to create a savings account and receive matching funds from a bank of up to five times the amount of their deposits.
The bill creates the “Individual Development Account Program,” if sufficient funds are obtained, and would allow people living in low-income housing projects, who have enrolled in Medicaid or who are in the foster care system, to be eligible to set up an account.
The measure calls for the state treasurer to work with a fiduciary organization that would accept grants and donations, then use them to match funds deposited by account holders, with up to $3,000 per beneficiary per year. The state would also be required to provide financial literacy training to account holders.
An amendment passed with the bill would allow a relative or fictive kin of a minor placed in his or her care by an agency which provides child welfare services to set up a savings account for the child, that could be accessed when the minor reaches 18 years of age.
THURSDAY & WEDNESDAY
Tenants rights bill
Sen. Julia Ratti (D-Sparks) has acknowledged that her tenants’ rights bill SB218 is dead. Assemblywoman Sandra Jauregui (D-Las Vegas), who chairs the Assembly Commerce and Labor Committee, told the Nevada Current that she would not give the bill a hearing by the deadline.
The bill would have enshrined a grace period of at least three days before a landlord could assess late fees for rent, required landlords to return a security deposit within 28 days rather than 30, specified that a landlord could only charge an application fee to one prospective tenant at a time and clarified that landlords cannot dock a person’s security deposit for normal wear and tear.
During a short interview with The Nevada Independent on Friday, Jauregui said that the bill did not receive a hearing because there was not enough time to work with all stakeholders.
“There was a ton of opposition and I obviously didn’t have time to work through it,” Jauregui said. “Sometimes these discussions are lengthy and they involve a ton of stakeholders, and we have to make sure that we’re giving everyone the opportunity to weigh in on them.
The bill had drawn significant opposition from real estate agents who, along with developers and PACs funded by real estate companies and other development industries, contributed more than $1.3 million to lawmaker campaigns — the most money any single industry donated to state legislators.
“We are losing, I think, the biggest tenant’s rights bill of the session thus far,” Bailey Bortolin of the Nevada Coalition of Legal Service Providers said during a forum hosted by Battle Born Progress.
Bortolin said she was told there was too much opposition to the bill, but added that “I don't think it would have been worthwhile to pursue a bill that didn't have any opposition.”
Ratti said in a brief interview on Thursday that she couldn’t speak to why the bill was set aside, but “I think it's good policy and I stand by the bill.”
Ratti added that the most important thing in the works this session is yet-to-be-introduced legislation that would provide a “glide path” that averts a wave of evictions once moratoriums lift this summer.
Bortolin said she does expect another tenant rights bill — AB141 from Assemblyman Howard Watts (D-Las Vegas) — will come up for a committee vote on Friday and clear the deadline. That bill automatically seals the records of people who were subject to a summary eviction during the pandemic.
It will not cover tenants whose landlords sought other routes to evict them during the pandemic, such as for a lease violation, but would cover people who were unaware of how to defend themselves during the moratoriums and were subject to a rapid summary eviction, Bortolin said.
Banning decorative grass
An estimated 12 billion gallons of Colorado River water could be saved each year under AB356, which passed unanimously on Thursday out of the Senate Natural Resources Committee.
The bill, pushed by the Southern Nevada Water Authority (SNWA), aims to phase out decorative grass in non-residential developments in Southern Nevada over the next five years.
An amendment attached to the bill clarifies that the waters in the Colorado River distributed by the SNWA or its member agencies may not be used to irrigate grass on any property that is not zoned exclusively for single family residences. The amendment also expands membership of a grass removal advisory committee from seven to nine members, adding a second Homeowner’s Association representative and a golf course representative.
“This is an opportunity for the Nevada Legislature to take action on one of the largest and boldest water conservation initiatives, ever," Assemblyman Howard Watts (D-Las Vegas) said when he presented the bill to the committee on Monday. “It is one that our community in Southern Nevada is going to depend on in order to sustain itself moving forward."
Pot for pets
Veterinarians could soon be allowed to prescribe hemp or CBD products to an animal under a measure passed by the Senate Natural Resources Committee on Thursday.
Sponsored by Assembly Steve Yeager (D-Las Vegas), AB101 would give veterinarians the ability to administer hemp or CBD products containing no more than 0.3 percent of the psychoactive compound THC to an animal, or recommend those products to a pet owner.
Supporters of the bill say that it could help veterinarians treat conditions such as anxiety, pain, cancer and arthritis and would stop the Nevada Board of Veterinary Medical Examiners from disciplining licensed veterinarians or facilities solely for administration or recommendation of a hemp or CBD product.
Incentives for affordable housing developments
Members of the Assembly Committee on Revenue on Thursday unanimously approved a measure designed to support Nevada’s affordable housing market.
SB284, sponsored by Sen. Julia Ratti (D-Sparks), would remove an expiration date on the state’s Low Income Housing Tax Credit Program — established during the 2019 session as a pilot program allocating $10 million in tax credits for affordable housing development annually over a period of four years.
The program was one of the state’s most high-profile efforts to address the affordable housing crisis in 2019, but the pandemic slowed down its rollout, and Ratti said eliminating expiration dates on the program would give it more time to grow.
Democrat Assemblywoman Rochelle Nguyen’s AB115 — allowing multiple parents to adopt a child — passed out of the Senate Judiciary Committee on a party-line vote, with Republicans in opposition.
The bill authorizes a court to determine that more than two people may have a parent relationship with a child. It would also recognize the parental rights of stepparents and same-sex parents and would allow for children who are born to surrogate parents or who have divorced parents to have more than two names listed on a birth certificate.
Cathy Sakimura, deputy director of the National Center for Lesbian Rights, said the bill is vital for children's well-being and would ensure diverse and multi-parent families are "protected and given the same dignity and respect as other families."
Sen. Keith Pickard (R-Henderson) said he opposed the bill because of an amendment specifying that each prospective parent may petition the court for the adoption of a child as an individual petitioner.
“The inclusion of language and the amendment of a joint petitioner without creating a mechanism whereby joint petition is authorized, I think, is going to be particularly problematic for the courts,” he said.
Giving teeth to a DMV pilot program
A measure making changes to a DMV pilot program gathering data on annual vehicle miles traveled passed out of an Assembly Growth and Infrastructure Committee meeting on Thursday with four Republicans in opposition.
The bill, SB371, removes recreational vehicles from the list of vehicles for which odometer readings must be submitted to the DMV, prohibits the DMV from disclosing information provided under the pilot program to an insurer and authorizes the DMV to fine participants for not reporting miles traveled. It previously passed unanimously out of the Senate.
In response to objections from Republican committee members, supporters said that the fines would be the lightest way to ensure that the program generates a robust data set that offers insight into driving patterns in the state.
“As long as people follow the rules, they don't have to pay the fine,” Assemblywoman and Committee Chair Daniele Monroe-Moreno (D-North Las Vegas) said.
Rate caps for inmates
Assembly Growth and Infrastructure Committee members also passed SB387, a bill that would require the state Public Utilities Commission (PUC) to regulate and set rate caps on businesses that provide calling services for inmates.
The bill, which passed unanimously out of committee, would authorize the PUC to establish rate caps and charge limits on inmate calling services — requiring any competitive supplier of inmate calling services to file their rates with the commission, and publish their rates, terms and conditions on their website.
Tribal government representation
Members of the Senate Legislative Operations and Elections committee also voted out AB95 on Thursday, granting approval to the bill that would add a tribal government representative to the Legislative Committee on Public Lands.
Proposed constitutional changes advance
Members of the Senate Legislative Operations and Elections Committee advanced two proposed amendments aimed at cleaning up outdated language in the state Constitution.
Committee members unanimously advanced AJR1, a proposal from Assembly Minority Leader Robin Titus (R-Wellington) that would modernize language currently referring to institutions for the “Insane, Blind and Deaf and Dumb” with “persons with significant mental illness, persons who are blind or visually impaired, persons who are deaf or hard of hearing and persons with intellectual disabilities or developmental disabilities.”
The committee also approved AJR10, a proposed change by Assemblyman Howard Watts (D-Las Vegas) removing language allowing slavery or involuntary servitude as a criminal punishment.
If approved by the full Senate, both resolutions would advance to the 2023 legislative session. If lawmakers two years from now approve the resolutions again, they will head to the 2024 ballot.
Limiting no-knock warrants
Following calls across the country spurred by the death of Breonna Taylor to ban no-knock warrants, lawmakers are continuing to push forward a bill to restrict that practice in Nevada.
The latest push came Wednesday as members of the Assembly Judiciary Committee voted unanimously to advance SB50, a bill introduced on behalf of the attorney general that would prohibit the issuance of no-knock warrants unless a sworn affidavit demonstrates that the underlying crime is a felony that could pose a significant and imminent threat to public safety or the warrant is necessary to prevent significant harm to the officer or another person. The bill previously passed unanimously out of the Senate.
Curbside pickup for marijuana
Members of the Assembly Judiciary Committee also voted out SB168 on Wednesday, with no votes from the four Republican legislators on the committee.
The bill authorizes dispensaries to engage in curbside pickup under regulations from the state Cannabis Compliance Board, such as setting designated parking spots for pickup. Curbside pickup for marijuana sales had previously been authorized by Gov. Steve Sisolak in 2020 as an emergency measure during the COVID-19 pandemic.
The bill also makes some changes to the packaging of cannabis products, including a requirement to label all products with the phrase “keep out of reach of children” and a provision giving the compliance board the authority to regulate the packaging and labeling of products.
Tobacco and vapor products
Members of the Senate Revenue and Economic Development Committee approved AB360 on Thursday. It would require any seller of tobacco or vapor products “utilize age-verification technology at the point of sale” to ensure that any buyers who appear under the age of 40 are at least 18 years old. Violators of that procedure would be liable for a $100 civil penalty for each offense.
Another tobacco-related bill, AB59, passed out of the Senate Judiciary Committee on Wednesday. It would ensure state compliance with a federal law that raised the minimum age for buying tobacco products from 18 to 21 in December 2019. The state has three years from the passage of that legislation to conform its minimum age law, before facing possible financial penalties.
Updated at 3:23 p.m. on Friday, May 14 to include details of bills that passed out of committee on Friday. Updated again at 8:43 p.m. to add additional details of bills that passed out of committee.