Deadline Day: Banning ‘ghost guns,’ prohibiting cat declawing and bail reform all advance
At times with little debate, state lawmakers worked late into the night on Tuesday to pass more than 140 bills out of their house of origin prior to the Legislature’s second major bill passage deadline.
Lawmakers voted out measures including a tenant’s rights bill limiting application fees, a bill requiring eggs sold in Nevada be cage-free and a measure lowering penalties for youth caught possessing marijuana.
They also approved a contentious measure banning so-called “ghost guns,” after the bill was amended to remove sections giving businesses more rights to prohibit firearms on their property.
In total, lawmakers by Tuesday evening had approved 143 bills and resolutions, including 57 in the Senate and 86 in the Assembly. Legislators worked quickly — only one measure in the Assembly received any debate from lawmakers prior to a vote.
But Tuesday’s deadline is just one of many upcoming hurdles — lawmakers will only have a few short weeks before the next major deadline to pass bills out of their second committee comes on May 14.
However, a bill not passing by Tuesday doesn’t necessarily mean it has entered the legislative graveyard — dozens of bills have been granted exemptions from legislative deadlines, either because they have a fiscal effect on the state budget or because they were granted a waiver from those deadlines from legislative leadership.
That includes major election-related bills moving Nevada to an expanded mail-voting system and a measure aimed at moving the state up the presidential primary calendar — both of which were granted exemptions from legislative deadlines and moved to a budget committee on Monday.
Legislators were also busy on Monday, approving more than 40 bills including measures aimed at improving access to birth control, sealing records of evictions that happened during the COVID-19 pandemic, creating a statewide human trafficking victim support plan and shoring up the state’s battered unemployment insurance system.
Here’s a look at major policies that passed out of floor sessions on Monday and Tuesday.
Banning ‘ghost guns’
Despite a significant amendment removing language giving casino resorts and other major businesses more legal weight to prohibit firearm possession on their property, members of the Assembly still cast a party-line 26-16 vote to approve Assemblywoman Sandra Jauregui’s AB286.
The bill — which had drawn strong opposition from pro-gun groups including the National Rifle Association — now makes it illegal for a person to possess or sell any unfinished frame or reiever of a firearm, or any fireram not imprinted with a serial number. It’s intended to cut down on so-called “ghost guns,” which gun safety advocates say are used by criminals to obtain weapons that they otherwise wouldn’t be allowed to purchase.
Those arguments didn’t fly with Assembly Republicans, including Assemblyman Jim Wheeler (R-Minden), who said the bill didn’t have any protections for current gun kit owners and would turn them into criminals overnight.
“This bill is nothing but the camel’s nose under the tent, except this time, it's up to the neck,” he said. “This bill is another bite of the apple, and that apple is your Second Amendment rights being taken away, bite by bite.”
Jauregui said removing the portion of the bill empowering businesses to ban guns on premise was not ideal, but the bill’s focus was ghost guns and it was vital to pass the bill by deadline.
“We're still committed to working with stakeholders and my colleagues, because this discussion isn't over,” Jauregui told reporters Tuesday evening. “We have a big responsibility to the thousands and thousands of employees who work on the Strip every single day. They're entitled to a safe workplace.”
The bill now heads to the Senate, but it could coincide with recently announced plans by the Biden administration to also take action to limit the proliferation of so-called “ghost guns.”
Along a party line vote with Republicans in opposition, the Senate passed SB254, a bill that establishes fair housing procedures and strengthens anti-discrimination laws.
Sponsored by Sen. Dina Neal (D-Las Vegas), the bill would authorize the Nevada Housing Division to investigate housing discrimination and prohibit landlords from looking at arrest records of potential tenants.
The measure also prevents landlords from denying applicants because they rely on public assistance or have a disability.
“It is time that Nevada moves into the space where we actually stand behind our words of ‘second chances for citizens’ who have either served their time or who have not been further criminalized within the system and are not currently in jail,” Neal said. “Housing is a fundamental part of our lives.”
Sen. Ben Kieckhefer (R-Reno) said that though he appreciates the intent of the legislation, the bill’s requirement that the attorney general prosecute on behalf of individuals who experience discrimination goes too far.
“It’s just inappropriate and not the right role for the attorney general in the state of Nevada," Kieckhefer said.
Senators voted on party lines, with Republicans opposed, for a bill that expands tenant protections, including barring landlords from taking an application fee from more than one prospective tenant at a time. SB218 is sponsored by Sen. Julia Ratti (D-Sparks).
It also limits landlords to fees allowed by statute or that are “actual and reasonable,” requires fees be disclosed on the first page of the lease agreement and may not increase fees without 45 days advance notice for rent paid monthly.
Restorative justice before expulsion
Senators voted 16-5 to approve SB354, which prohibits schools from expelling a student without first providing them with an action plan based on restorative justice. The bill defines restorative justice as “nonpunitive intervention and support” meant to improve the student’s behavior and remedy any harm they caused.
It calls for a statewide framework of restorative justice that could include training for school staff on psychology, trauma and chronic stress. The bill also requires the state to recognize in its accountability system schools that reduce their rates of suspension and expulsion.
Five Republicans opposed the bill.
Transparency on food delivery fees
Senators unanimously approved SB320, which requires services such as DoorDash and Uber Eats to clearly disclose fees applied to food orders.
The measure, which is sponsored by Sen. Dina Neal (D-North Las Vegas), 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.
Members of the Senate voted 17-4 to approve SB369, which amends Nevada’s law on pretrial release by requiring that a court only impose bail or a condition of release if its found to be the “least restrictive means necessary” to protect the safety of the community and ensure the person appears in court. It changes previous law requiring defendants show “good cause” for pretrial release that was struck down by the state Supreme Court in 2019.
Republican Senate Leader James Settelmeyer (R-Minden) said he opposed removing the “good cause” requirement, saying that he was concerned it could lead to more criminals on the street. Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) said it was needed to align the state with the court’s decision and still allowed courts to impose conditions of release on someone who might prove a danger to others.
“I think that this bill strikes a balance in protecting the community and providing some additional safeguards, while at the same time recognizing the Supreme Court's decision in (the 2019) case and aligning our statutes with their constitutional findings in that case,” Cannizzaro said.
HIV laws overhaul
In a unanimous vote, members of the state Senate approved Sen. Dallas Harris’ SB275 — a comprehensive bill aimed at updating the state’s laws on human immunodeficiency virus by treating HIV in the same way as other communicable diseases.
The bill repeals a state law making it a felony for someone who has tested positive for HIV to intentionally, knowingly or willfully engage in conduct that is intended or likely to transmit the disease — putting it in line with how the state treats other diseases such as chlamydia and SARS.
Banning the declawing of cats
A measure generally prohibiting the declawing of cats, except for medically necessary purposes, passed out of the Assembly on a 28-14 vote.
Sponsored by Assemblywoman Susie Martinez (D-Las Vegas), AB209 imposes civil penalties on any person who removes or disables 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.
All Assembly Democrats, save Brittney Miller (D-Las Vegas), voted in favor of the measure, with all Republicans. save Melissa Hardy, Heidi Kasama and Jim Wheeler, voting against it.
Allowing college athletes to profit off their likeness
A measure clearing the way for collegiate athletes to profit off their image or likeness passed out of the Assembly on a 34-8 vote.
AB254, sponsored by Assembly Speaker Jason Frierson, 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 of Education to conduct an interim study on the issue.
Members of the Assembly voted unanimously to approve Rochelle Nguyen’s AB296, which creates the crime of ‘doxing’ — unauthorized sharing of personal identifying information, such as an address, with the intent to cause harm or mental anguish.
The bill as amended authorizes a person to bring a civil action against a person who “doxes” them, and allows a court to issue restraining orders against a person that disseminates that personal information.
Lawsuits over sexual exploitation
Senators voted 18-3 to pass SB203, a bill that removes the statute of limitations for victims of child sexual exploitation to bring lawsuits against the parties involved. Previously, such actions were limited by deadlines, including one provision requiring a lawsuit be initiated within 20 years of a victim turning 18.
The bill 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.
The three Republicans who voted against the bill raised several concerns, including how accurately a victim would remember a very old crime and why the measure included a 200-room limit. Sponsor Marilyn Dondero Loop responded that there needed to be some sort of room limitation or there would be no bill.
Notaries charging more
AB245, a bill that would allow notaries public to charge more for document preparation services, passed in a 31-11 vote.
Assemblyman Edgar Flores (D-Las Vegas) said the bill was backed by small businesses that wanted the opportunity to make more money. It would double or triple the fees that notaries are allowed to charge for certain services, and create civil penalties for violators — a provision Flores said was meant to curb bad actors in the industry.
The industry can be open to malfeasance in part because of notaries misrepresenting themselves as authorized to process immigration documents because of the way the term “notarios” translates in Latin American countries.
Members of the Assembly voted 27-15 to pass AB399, which requires eggs sold within the state to be housed in cage-free living arrangements by Jan. 1, 2024.
Sponsor Howard Watts (D-Las Vegas) argued during a hearing that demands for efficiency in egg production led to hens living in “pretty horrific conditions” with less square footage than a piece of letter paper. Egg industry officials who testified said consumer demand for cage-free eggs is quickly rising, and several of Nevada’s neighboring states are adopting cage-free requirements.
Assemblyman Glen Leavitt (R-Boulder City) was the lone Republican to support the measure.
Citations, rather than arrests, for minor crimes
Assembly members voted on party lines, with Republicans opposed, for AB440 — a bill that directs police to issue citations in lieu of arresting people over misdemeanors in more situations. The measure does make exceptions for when the matter is a “subsequent” offense, defined as something for which the person has been previously arrested, convicted or cited.
A measure allowing multiple parents to adopt a child without removing a parent from a child’s birth certificate passed out of the Assembly on a 34-8 vote.
AB115, sponsored by Rochelle Nguyen (D-Las Vegas), would 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.
Small business advocate
On a 31-11 vote, members of the Assembly advanced a bill that would create an Office of Small Business Advocacy under the purview of the state lieutenant governor.
The bill, AB184, was amended to put a 2023 expiration date on the office and prohibits the lieutenant governor from funding positions in the office from budgeted dollars from the state’s general fund.
Sealing eviction records during COVID
Assembly members cast a party-line 26-16 vote to approve AB141, a bill from Assemblyman Howard Watts (D-Las Vegas) that would require courts to automatically seal eviction case court records for any summary eviction conducted during the COVID-19 pandemic.
The original version of the bill would have also required landlords to give certain long-term tenants additional advance notice before proceeding with a no-cause eviction, but those provisions were removed in an amendment.
Senators voted 12-9 to advance SB75, a measure that makes technical changes to the regular unemployment system, such as allowing more flexibility on when claimants are eligible for benefit extensions and assuring that layoffs during the height of the pandemic recession do not count against employers in determining their unemployment tax rate.
Republicans, who want more ambitious changes such as fast-tracking a major overhaul of computer infrastructure and the merging of the regular system with the Pandemic Unemployment Assistance program for gig workers and the self-employed, said the bill does not go far enough.
“It's the only bill that DETR brought, and yet it fails to address the bulk of the problems including the structural and technological deficits that have kept thousands of people from getting the benefits they paid for,” said Sen. Keith Pickard (R-Henderson). “I'm amazed that anyone thinks that this is enough.”
Pickard also spoke out against lawmakers’ decision to extend unemployment benefits to school support professionals who work from nine to eleven months a year. Those workers typically aren’t eligible for benefits because they have a reasonable expectation of their job returning after the summertime, although union representatives say a tough economic climate has hurt their summer job prospects.
But those workers will be eligible for unemployment this summer under emergency regulations adopted last week. Republicans say that even with federal funds footing 75 percent of the bill, it could cost districts millions of dollars.
“They were hired for nine months of work. This is a giveaway that I cannot support,” Pickard said.
Lowering barriers to contraception
Members of the Senate unanimously voted to approve SB190, 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.
Cannizzaro introduced similar legislation in 2019, but that bill never made it out of its final committee hearing.
“Removing access barriers to birth control will lead to better health outcomes for Nevadans who need it,” Cannizzaro tweeted after the bill was voted out of the Senate. “I’m excited to move this bill on to the Assembly!”
If the bill passes, Nevada will become the 13th state to legalize pharmacist-prescribed hormonal contraceptives.
Keeping wage history private
Senators vote 17-4 to pass SB293, which prohibits an employer from seeking out a job candidate’s wage or salary history, or basing pay on a previous salary.
Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) said the measure would help tackle the gender pay gap, ensuring that if a woman’s pay was lower than her male counterparts in her last job, it would not follow her to her next job and perpetuate a disparity.
She said the measure directs employers to base pay on a worker’s experience and qualifications instead of a previous pay scale.
Four Republican senators opposed the bill.
‘Pattern and practice’ investigations of police agencies
Members of the Assembly voted unanimously to approve AB58, a bill sponsored by the attorney general’s office that authorizes the agency to conduct so-called “pattern and practice” investigations into systemic abuse or discrimination committed by law enforcement.
During a hearing on the bill last month, Attorney General Aaron Ford said the measure was necessary because the federal U.S. Department of Justice — which was given authority to conduct such investigations in 1994 — ceased conducting them in 2017 under former U.S. Attorney General Jeff Sessions.
Though the policy may change, Ford said it is important for the state to have the ability to undertake similar investigations.
Jury trials for misdemeanor domestic violence cases
Members of the Assembly voted 32-10 to approve AB42, a bill seeking to implement a Nevada Supreme Court decision requiring jury trials in misdemeanor domestic violence cases that involve the defendant losing the right to have a firearm.
The bill, which was sponsored by the City of Henderson, attempts to square a simmering implementation issue that arose for local governments after the Nevada Supreme Court’s 2019 decision requiring jury trials for misdemeanor domestic violence cases.
Six Republican Assembly members — Annie Black, Melissa Hardy, Heidi Kasama, Lisa Krasner, Tom Roberts and Jill Tolles — joined Democrats in supporting the bill.
Members of the Assembly voted along party lines (26-16) to approve AB148, a bill by Assemblywoman Sarah Peters (D-Reno) that would prohibit the issuance of a mining operation or exploration permit to any person leading a company that has defaulted on obligations related to mining reclamation.
An amendment to the bill refined the definition of a “principal officer” of a company to a “person who has a controlling interest” in a mining company that has defaulted on obligations, and allows that person to receive a permit once past debts are paid. The measure, if approved, would go into effect in 2022.
In a 20-1 vote, the Senate passed 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 arrives as part of a nationwide movement to end hair discrimination. Nevada is one of roughly thirty states considering adopting protections for hair styles, and at least 10 states, including Washington, California and Colorado, have already passed similar legislation.
“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,” said bill co-sponsor Sen. Dallas Harris (D-Las Vegas).
Sen. Ira Hansen (R-Sparks) was the only senator to vote in opposition.
Paid leave for health reasons and getting vaccine
The Senate passed SB209 by a vote of 19-2 with Sen. Ben Kieckhefer (R-Reno) and Sen. Ira Hansen (R-Sparks) in opposition.
Introduced by Sen. Fabian Donate (D-Las Vegas), the bill would approve the use of state-mandated paid leave for any health reason, including receiving a COVID vaccine. It also requires the Legislative Committee on Health Care to conduct an interim study on the COVID public health crisis.
Kieckhefer said that though he supports paid leave for vaccines, the study did not seem necessary.
“I am … unabashedly pro vaccines,” Kieckhefer said. “However, I think the idea of charging the Legislative Committee on Health Care with the job of conducting an interim study on the state's COVID-19 response is a Herculean task that is most appropriate elsewhere.”
HOA debt collection
Members of the Senate voted 15-6 to pass SB186, a bill requiring collection agencies to file a report on collections related to homeowners’ associations (HOA).
The bill also prohibits collection agencies from collecting debts from a person who owes fees to an HOA if the collection agency is connected at all to that HOA, either through sharing the same owners or affiliates.
Sen. Keith Pickard (R-Henderson) spoke in opposition to the bill, citing increased burdens on HOAs.
The bill initially required collection agencies to report on the race, ethnicity, gender identity and sexual orientation of people from whom they are collecting, but was replaced with a requirement for the homeowner’s ZIP code. Still, Pickard said that the bill’s history was problematic.
“If we wish to find true equality and treatment, it must begin with race neutral goals that put all people on an even playing field,” Pickard said. “Not simply changing the parameters of the prejudice that moves one ahead at the expense of another.”
Sen. Ben Kieckhefer (R-Reno) and Sen. Joe Hardy (R-Boulder City) joined Democrats in support of the legislation.
Members of the Senate cast a party-line vote, 12-9, 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.
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.
Though the measure passed along party-lines, it generated no floor remarks or debate.
Savings accounts for low-income Nevadans
Low-income people could access savings accounts and matching funds that could multiply their deposits up to five fold under SB188, a bill that senators passed unanimously which creates the “Individual Development Account Program.” People living in low-income housing projects, who have enrolled in Medicaid or who are in the foster care system are eligible.
The bill 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.
“This legislation will aid systems in supporting individuals to develop pathways out of poverty,” wrote Tiffany Tyler-Garner, head of the Children’s Advocacy Alliance, in a letter of support. “Additionally, it establishes statewide infrastructure for fostering financial independence.”
Ratios of students to social workers
School districts in Clark and Washoe counties would have to create plans for achieving better ratios of students to mental health professionals under SB151, which passed the Senate in an 18-3 vote.
Each year, districts must report to the governor, lawmakers and the Nevada Board of Education their ratio of students to “specialized instructional support personnel” (such as counselors, school psychologists and social workers). The bill also requires the districts to set targets for improvement and describe strategies for recruiting and retaining those staff members.
Sen. Ben Kieckhefer (R-Reno) voted against the bill, saying that the state’s current budget proposal will reduce the amount of funding available to social workers and lead to cuts in the positions even “as their contractual obligations continue to increase.”
“Hopefully, this measure will be able to be implemented with integrity that it needs to ensure that social workers are being funded at a level that is necessary,” he said.
Statewide human trafficking plan
Members of the Assembly voted unanimously to approve AB143, a bill by Assemblywoman Lisa Krasner (R-Reno) that would require creation of a statewide coalition and plan to deliver services to victims of human trafficking.
Krasner said previously that the bill is intended to help the state qualify for federal grants that require formation of a statewide plan for human trafficking victim services. The program would be placed under the Division of Child and Family Services in the state’s Department of Health and Human Services, and includes a requirements that the state publish an online directory of services for victims of human trafficking.
This story was updated at 1:57 p.m. on Wednesday April 21, 2021 to include a quote from Assemblywoman Sandra Jauregui on an amendment in the "ghost guns" bill.