Deadline Day: Sealing Eviction Records, Unemployment System Fixes, Contraception Access Advance

Las Vegas NV

20 April, 2021

5:12 PM

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By Riley Snyder | Tabitha Mueller | Michelle Rindels, the Nevada Independent April 20th, 2021 Tuesday marks the second major bill passage deadline of the 2021 Legislature, with lawmakers preparing to burn the midnight oil ahead of what's expected to be a marathon of votes. Ahead of the deadline, lawmakers on Monday approved 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. That's a significant chunk of the more than 250 bills and resolutions that lawmakers have passed out of their first house heading in Friday. Expect contentious floor debates on Tuesday, with lawmakers set to potentially vote on proposals expanding mail voting, moving Nevada up the presidential primary calendar, banning "ghost guns" and allowing for physician aid-in-dying, among others. 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. Here's a look at major policies that passed out of floor sessions on Monday. The Nevada Independent will update this story as additional bills are passed out of floor sessions on Tuesday. 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. Unemployment bill 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. Mining oversight 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. Hairstyle discrimination 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. Hate crimes 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. The Nevada Independent is a nonprofit, reader-supported news site. Since 2017, we have provided nonpartisan reporting on Nevada public policy, politics and people. Sign up here for our free morning newsletter.