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Proposals to freeze Opportunity Scholarship growth, make state retirement data confidential among more than 70 bills to advance

Riley Snyder
Riley Snyder
Megan Messerly
Megan Messerly
Michelle Rindels
Michelle Rindels
Daniel Rothberg
Daniel Rothberg
Legislature
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The interior of the Nevada Legislature

With just a day to go before the next legislative deadline, lawmakers approved more than 70 bills on Thursday including measures freezing the growth of Opportunity Scholarships, making certain personal information for recipients of the Public Employees Retirement System confidential and banning the forced microchipping of humans.

Legislators in the Assembly and Senate again canceled most committee meetings on Thursday to focus on moving bills through floor sessions ahead of Friday’s deadline for bills to pass out of their second house. Among the approved bills Thursday include measures making it easier to remove local elected officials from office because of sex-based discrimination, creating an expanded solar access program and extending the period of time before a tenant can be subjected to a summary eviction.

But legislative action wasn’t limited to floor votes; lawmakers also held hearings on bills that would raise the minimum wage set in the state Constitution and a measure that would severely limit the ability of large businesses to leave NV Energy and purchase electricity from alternative providers.

Here’s a look at what passed on Thursday.

AB226: Banning forced microchipping

A bill by Democratic Assemblyman Skip Daly that would prohibit the state or businesses from requiring a person to be forcibly microchipped sailed through the Senate on a 20-1 vote.

The measure, AB226, makes requiring a microchip be implanted in a person a felony crime, but does not prohibit any person from “voluntarily electing” to have a microchip or other permanent identification marker installed in their body. It passed unanimously in the Assembly, and was only opposed by Democratic Sen. Melanie Scheible.

AB397: Removing local officials accused of discrimination

Members of the Senate voted unanimously to approve a bill by Assemblywoman Teresa Benitez-Thompson that adds more responsibilities for the Nevada Equal Rights Commission to oversee complaints of discriminatory employment practices by local elected officials.

The bill would have initially created a process for the commission to refer local elected officials to the Legislature for impeachment, but as amended requires them to present a complaint to a District Court if it determines after a hearing that the behavior of the official engaged in such a “severe or pervasive” unlawful discrimination that removal from office is “an appropriate remedy.” It also requires that any penalty or fine assessed to a local official be paid out of their personal funds, and not their campaign account.

It previously passed the Assembly on a 36-4 vote.

AB450: Using prisoner’s last address for reapportionment

A bill requiring the state to use the last known address of an inmate when determining reapportionment received a party-line vote in the Senate, amid concerns from Republican lawmakers that the measure would be difficult for the state Department of Corrections to effectively implement.

The bill requires the state demographer to use the last known address of inmates when compiling population counts for the decennial census, which is used to reapportion the boundaries of legislative and congressional districts. In a fiscal note, the Department of Corrections said it did not anticipate the bill costing additional funds, and that in 2017 only 1,742 inmates admitted did not have an address on file, out of 6,013 total felony inmates admitted into prison.

The bill previously passed the Assembly on a 33-8 vote.

AB458: Freezing Opportunity Scholarship tax credit growth

Members of the Senate voted along party lines to approve a bill capping growth rates for the state’s Opportunity Scholarship program, a private-school scholarship program for low-income students paid for donations from private businesses in return for tax credits.

The bill, AB458, would cap a legislatively required 10 percent annual growth in the size of the program, which is available on a sliding scale for students in families under 300 percent of the federal poverty level. It’s funded by businesses donating money to a handful of nonprofit scholarship agencies in return for a credit on their payroll tax liability.

Republican lawmakers staunchly opposed the bill, saying that inflation would slowly squeeze out existing families in the program and that the program should be given more time to see its effect over a longer period of time.

“This amounts to budget dust,” Republican Sen. Keith Pickard said. “There’s no reason why with the savings that we’ve already found that we can’t fund this.”

Democratic lawmakers repeated concerns that a yearly automatic increase in the size of the program would quickly get out of hand, and said nothing in the bill prohibits private businesses from continuing to donate to schools or scholarship organizations.

“The fact that the tax credits may be going away does not mean that the money is going away, because those who still believe in this strongly still have an opportunity to follow that belief,” Democratic Sen. Pat Spearman said.

AB465: Expanded solar access

In a unanimous vote, Senate members approved a bill creating an “expanded solar access” program that includes limited aspects of community solar programs.

The bill, AB465, was backed by Democratic Assemblywoman Daniele Monroe-Moreno and creates a pilot program requiring NV Energy to create a special billing plan based on large-scale and several smaller “community” solar plants for low-income persons, disadvantaged or nonprofit businesses and customers who cannot install a traditional rooftop solar panel system. It’s expected to serve up to 42,000 customers in Northern and Southern Nevada.

AB478: Racial bias training for police officers

Senators unanimously approved AB478, a bill from Democratic Assembly Speaker Jason Frierson that requires officers complete at least 12 hours of training each year on topics including racial profiling, de-escalation and firearms.

Frierson has said that police are already doing such training, but the bill would ensure the practice continues.

AJR2: Removing marriage definitions in Constitution

Members of the Senate voted 19-2 to approve a measure that will put a 2020 question on the ballot removing language in the state Constitution recognizing marriage as only between a man and a woman.

If approved by the voters, the ballot question would remove language defining marriage from the state’s constitution, which was rendered unenforceable in the U.S. Supreme Court’s decision in Obergefell vs. Hodges. It instead requires the state to recognize marriage regardless of gender, while allowing religious organizations to refuse to solemnize a marriage.

“Nevada is not the same state as it was when it adopted the prior discriminatory marriage definition nearly two decades ago, and our constitution should be updated accordingly,” ACLU of Nevada Executive Director Tod Story said in a statement. “Nevadans enjoy robust protections of their liberties, and with AJR 2, we will prove once again that we are a national leader in LGBTQ equality.”

AB502: Capital improvement project tracking system

The Assembly voted unanimously to approve AB502, which allocates half a million dollars to a software that would track the state’s capital improvement projects.

Lawmakers have recently expressed frustration that projects come in far higher than expected and the increases are attributed to inflation. Public works representatives say the software will help them separate the true costs of inflation from other factors that raise prices, such as changing the design scope of a project.

Legislators this week approved two new academic buildings at Southern Nevada colleges that had doubled in price from the time they were discussed in 2017.

AB62: Adoption of regulations for water permit extensions

The Senate voted 12-9 to require the state engineer, Nevada’s top water regulator, to adopt rules for how long water users can hold onto rights without developing them for a beneficial use, such as farming, ranching or supplying drinking water.

Under Nevada law, water users are required to use their permitted allocations of water or risk losing their allocation. One goal of that statute is to prevent speculation. But under current law, water users are able to apply for unlimited extensions on their permits to develop water with infrastructure, such as a well or diversion. The state engineer originally proposed capping extensions for municipal providers to 15 years, unless there were circumstances beyond their control. But at a hearing in May, multiple lobbyists pushed back against the proposal.

Under the legislation, the state engineer will instead open a regulatory process to determine extension rules.

AB95: Protects domestic wells during curtailment

In a thin one-vote margin, the Senate voted 11-10 to approve a bill that permits domestic well owners to continue pumping groundwater even after a court has ordered the state engineer to curtail withdrawals because water users with a higher priority have not received their water.

Proponents of the bill argued that it would protect domestic well owners that would otherwise lose their water right during a curtailment. But the legislation came under criticism because it would require well owners to monitor usage and withdraw 25 percent of their usual allotment.

SB126: Principals reapplying to their jobs

SB126, which removes a provision requiring school administrators to reapply for their job every five years, cleared the Assembly 33-7.

The original provision was passed as part of a larger bill in the Republican-controlled 2015 session that would have reined in collective bargaining rights for certain administrators. But some lawmakers have since come to see the process of reapplying to be too much to ask.

All those who voted against the bill were Republicans.

“I think SB126 reverses some of the progress that we’ve made,” said Republican Assemblyman Chris Edwards. “I think it is a gross error for us to reverse this trend.”

SB151: Summary eviction revisions

The Assembly voted on party lines, 28-12, to approve a bill sponsored by Democratic state Sen. Julia Ratti that would extend the time frame in which a tenant can be evicted for not paying his or her rent from at or before noon on the fifth full day after being served notice to before the close of business on the seventh day. The bill also makes other changes to the eviction process.

SB212: UNR towing bill

The Assembly unanimously approved this bill that would make changes to the law on towing cars. Existing law prohibits companies from towing a car until 48 hours after affixing a notice to the vehicle, telling its owner why it is being removed, which has resulted in unintended consequences, such as students at UNR repeatedly parking illegally because they know their car won’t be towed for two days.

This bill would allow the car to be towed immediately if a notice was previously affixed to the car for the same or similar reason in a residential complex or three or more times for any reason during the past six months, whether the vehicle was ultimately towed.

SB224: PERS information confidentiality

The Assembly voted 24-16 to approve a bill that would make certain personal information for retired state workers who receive benefits through the Public Employees Retirement System confidential, but exempts the names of recipients, making that information public record. All Republican Assembly members opposed the bill, as did Democratic Assembly members Shea Backus, Maggie Carlton, Daniele Monroe-Moreno and Dina Neal.

Carlton, the wife of a state retiree, expressed concerns on the Assembly floor that the last-minute amendment would make the names of retirees public.

“Having his name and retirement information available to the public gives me some concern in this day and age with identity theft and all different types of things that go on, how people will prey on older people,” Carlton said.

SB298: Renewable energy tax abatements

The Assembly voted 35-5 to approve SB298, sponsored by Democratic state Sen. Chris Brooks, to create accounting requirements for renewable energy companies that receive tax abatements. The legislation would require such renewable energy companies to keep certain information related to employees and submit an annual payroll report to the Office of Energy and the board of county commissioners from the county in which they operate.

It cleared the Senate unanimously last month.

SB300: Alternative utility rate-making

The Assembly unanimously approved SB300, which would authorize the Public Utilities Commission to adopt regulations allowing for “alternative” ratemaking — a series of mechanisms that automatically adjust rates based on performance and other metrics, and might end the normal three-year cycle for the setting and adjustment of utility rates.

The change would have a major effect on the business model of NV Energy, the state’s largest utility, and the structure of power bills paid by every resident and nearly every business in the state.

SB7: Increased penalties for soliciting a child for prostitution

Assembly members voted unanimously to pass SB7, a bill from the attorney general that increases the penalties for soliciting a child for prostitution. It also specifies that someone is guilty of that crime if they solicit an officer who is posing as a child.

The bill has been watered down from its original form, which would have made soliciting a child under age 14 for prositution a Category A felony punishable by life in prison, and prevented people from defending themselves by saying they didn’t know the child was underage.

SB185: Easing requirements for school background checks

Members of the Assembly voted to unanimously approve SB185, sponsored by Republican state Sen. Heidi Gansert, which would ease requirements that school volunteers receive background checks. Lawmakers in 2017 created a requirement that all school volunteers be screened for criminal history, creating bottlenecks, financial hardships and a chilling effect on some volunteers.

It also passed the Senate unanimously last month.

SB364: Preventing discrimination at medical facilities and facilities for the dependent

The Assembly voted 33-7 to approve a bill that would prohibit medical facilities and facilities for the dependent from discriminating against someone based on their actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or HIV status.

The bill also requires that facilities refer to a person using their preferred gender identity, name and pronouns and provide cultural competency and sensitivity training to staff in issues relating to the LGBT community.

Republican Assembly members Melissa Hardy, Lisa Krasner, Glen Leavitt, Tom Roberts and Jill Tolles joined Democrats in supporting the legislation. It cleared the Senate unanimously last month.

SB368: Survivors’ Bill of Rights and other changes related to sexual assault

The Assembly voted unanimously to approve SB368, sponsored by Democratic state Sen. Pat Spearman, an omnibus bill protecting victims of sexual assault.

For one, the bill establishes a Survivors’ Bill of Rights and sets forth procedures regarding the collection and analysis of sexual assault forensic evidence kits.

It also establishes a rebuttable presumption in any civil action that sexual conduct was unwelcome or nonconsensual if the alleged perpetrator was a person in a position of authority over the victim. It also authorizes a child who was adjudicated for delinquent acts who was the victim of sex trafficking to petition juvenile court to vacate the judgment and seal all records.

It passed the Senate unanimously last month.

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