Issue 16 | May 7, 2021
Number of Days Until Legislative Session Ends: 24
In this issue:
  • COVID-19 Reopening Plan Updates
  • Mary Beth Testifies Against SB 420
  • Legislative Bill Updates
  • Washington, D.C. Fly-In 2021
  • Leadership Las Vegas Applications Due May 20
  • Recover. Rebuild. Reinvent Nevada Together: BizPAC
COVID-19 Reopening Plan Updates
The Clark County Commission COVID-19 Reopening Plan took effect on May 1, which provides for 80% capacity and a reduction in social distancing requirements to three feet instead of six feet. Additionally, the approved plan specifies that up to 12 patrons may be seated at the same table in restaurants, bars and other establishments. Finally, the plan specifies vaccine targets for full reopening at 100% capacity with no social distancing requirements by June 1. In order to fully reopen without social distancing restrictions, 60% of Clark County residents who are 18 or older must have received at least one dose of a COVID-19 vaccine. 

The Vegas Chamber is encouraging all employers and employees to schedule their vaccination shots as soon as possible. All Nevadans ages 16 and up are now eligible to receive their free vaccine. Members can schedule an appointment for their Pfizer-BioNTech or Moderna vaccine through the Southern Nevada Health District at https://www.southernnevadahealthdistrict.org/
Vegas Chamber President and CEO, Mary Beth Sewald Testifies in Opposition of SB 420
Senate Bill 420
Revises provisions relating to health insurance
Legislative Summary: SB 420 would create a state government public healthcare option in Nevada. Under the proposal, healthcare providers are mandated to participate in the state public option if they serve Medicaid, Public Employees Benefits Program, or Workers’ Compensation patients. Also, hospitals and doctors will be paid current Medicare rates, which are below the cost of providing services. This means that costs to privately insured Nevadans on small plans will go up.

The Chamber is opposed to SB 420 because of several unintended consequences, including shifting costs to employer-provided health insurance. The Chamber is also concerned that this will increase healthcare costs for Nevada’s working families and push doctors away from Nevada. 
Primary Bill Sponsor: Senate Nicole Cannizarro 
Position: Opposed
Legislative Bill Updates
Assembly Bill 19
Revises provisions relating to educational subjects and standards
Legislative Summary: AB 19 would change the social studies curriculum in the State. The existing law provides that social studies include only the subjects of history, geography, economics, and government. Per Section 1 of the bill, the social studies subjects would remove government from the list and add civics, financial literacy, and multicultural education. The government will still be taught in Nevada, though it would fall under the broader category of civics. 

The Chamber supports this bill as it is imperative for our students to have a curriculum that includes financial literacy.
Primary Bill Sponsor: Assembly Committee on Education
Position: Support

Assembly Bill 47
Revises provisions relating to unfair trade practices
Legislative Summary: AB 47 as originally introduced provides the Office of the Attorney General with additional oversight and authority as it relates to restricting the use of non-compete agreements, the extensive review of mergers and acquisitions within all industries and additional regulations relating to healthcare industry.
 
The Chamber was opposed to the bill as introduced because of the restrictions placed on the use of non-competes by employers, the broadness of the authority the office would have with mergers and acquisitions, and the burden it would place on the healthcare industry. However, the Chamber removed its opposition to the bill because of the adoption of several amendments.
Primary Bill Sponsor: Assembly Committee on Commerce and Labor
Position: Neutral, Concerns Mitigated

Assembly Bill 146
Revises provisions relating to water
Legislative Summary: AB 146 would set additional, more stringent requirements on how the State Environmental Commission and the State Department of Conservation and Natural Resources manage and prescribe controls to mitigate water pollution from diffuse sources, and more specifically monitor and mitigate the effects on historically disadvantaged communities. 
 
AB 146 also proposes wide ranging changes to the requirements for permitting and mitigation that affect the mining industry, as well as small local water authorities. Because of the sweeping nature of this bill, it is unclear how current state and federal laws such as the Nevada Water Pollution Control Law, the Safe Drinking Water Act and the Clean Water Act would interact with the legislation as written. Additionally, it is unclear how the proposed legislation would interact with the regulatory authority of the Nevada Department of Environmental Protection, more specifically their regulation of mining permits. 
 
Due to the uncertainty and additional layers of bureaucratic compliance added to this bill that ignores current long-standing requirements for groundwater antidegradation, the Chamber was opposed to AB 146 as originally written. However, the Chamber has removed its opposition to the bill.
Primary Bill Sponsor: Assemblywoman Sarah Peters
Position: Concerns Mitigated, Neutral
 
Assembly Bill 184
Creates the Office of Small Business Advocacy within the Office of the Lieutenant Governor
Legislative Summary: AB 184 creates the Office of Small Business Advocacy within the Office of the Lieutenant Governor. Per AB 184, the Office of Small Business Advocacy would provide support to small businesses by helping to answer questions, field complaints, provide clarification on regulations as they take effect and review interactions and guidance provided by state regulatory agencies. Additionally, the Office of Small Business Advocacy would be responsible for gathering data on the operations of small businesses, the effects of rules and regulations, and suggesting pro-business legislation to address concerns. 

The Chamber supported the bill as establishing the Office of Small Business Advocacy would provide tangible support to small businesses throughout the state who are struggling to recover from the effects of the COVID-19 pandemic. 
Primary Bill Sponsor: Speaker of the Assembly Jason Frierson
Position: Support
 
Assembly Bill 190
Provides certain employees with the right to use sick leave to assist certain family members with medical needs
Legislative Summary: AB 190 would require a private employer regardless of employee count that provides employees with sick leave to allow an employee to use accrued sick leave for an absence due to an illness, injury, medical appointment or other authorized medical need of a member of the employee’s immediate family members. The bill defines immediate family members as a child, foster child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent of an employee; or any person for whom the employee is the legal guardian.
 
The Chamber is neutral on the bill as it does not mandate for employers to provide sick leave to employees. The Chamber does not have an issue with the expansion of the sick leave definition as many employers have been transitioning to Paid Time Leave policy because of the greater flexibility it offers for employees.
Primary Bill Sponsor: Assemblywoman Shannon Bilbray-Axelrod   
Position: Neutral
 
Assembly Bill 207
Provides that certain businesses which offer goods or services through an Internet website, mobile application or other electronic medium are places of public accommodation
Legislative Summary: AB 207 as introduced expands the definition of “place of public” to include any online establishment, which is defined as a business. This includes both profit and not-for-profit that offers goods or services to the general public through an Internet website, mobile application or another electronic medium in Nevada.
 
The Chamber originally opposed the bill because of the broadness of the definition and the concern of how it would be determined that an online establishment would be in violation of existing state law as it applies to equal access and protection. The Chamber removed its opposition because of amendments adopted into the bill.
Primary Bill Sponsor: Assemblyman Howard Watts
Position: Neutral, Concerns Mitigated
 
Assembly Bill 222
Revises provisions governing employment practices
Legislative Summary: AB 222 would codify and expand the current tort policy that has been set forth by the Nevada State Supreme Court as it relates to retaliatory employment practices and whistleblowers protections. The bill expands protections to employees who only report the alleged conduct to their supervisor or employer. The bill would also allow for extensive legal action and costs against an employer.
 
The Chamber opposes the bill because of the broadness of the, “be good” faith standard. The legal remedies, especially that only the employee would be entitled to recover legal fees, are unbalanced. The significant shift in burden to the employer and expansion of tort claims beyond current remedies is a concern.
Primary Bill Sponsor: Assemblywoman Selena Torres  
Position: Oppose 
 
Assembly Bill 330
Establishes provisions governing occupational training and licensing
Legislative Summary: AB 330 ensures that participants in secondary or postsecondary educational training programs receive all eligible certificates and credits toward any other certificates. This bill also works retroactively to provide credits to those who have already completed courses.

The Chamber is in favor of AB 330 as it supports students preparing for a career and college-ready opportunities.
Primary Bill Sponsor: Assemblyman John Ellison
Position: Support
 
Assembly Bill: 359
Revises provisions governing trade practices
Legislative Summary: AB 359 as amended requires businesses who advertise in other languages, to translate their contracts or other binding documents from English to the language in which they chose to advertise. Initially, the Chamber had concerns with the bill as there was no standard to determine if the transaction took place in another language. However, the Chamber removed its opposition as advertising creates a standard that can be measured for both businesses and customers.
Primary Bill Sponsor: Assemblywoman Venicia Considine
Position: Neutral
 
Assembly Bill 388
Revises provisions governing access to broadband services
Legislative Summary: AB 388, as amended, seeks to increase access to broadband services for low-income Nevadan’s and rural areas underserved by broadband connectivity by establishing an opt-in-based funding and grant program. This program would allow broadband customers to voluntarily donate to this funding and grant program to be administered through the Governor’s Office of Science, Information and Technology (OSIT). In addition to establishing a fund to collect and disburse funding, AB 388 would authorize OSIT to prepare biannual reports on the status of broadband connectivity in rural and underserved communities where permanent broadband infrastructure is still being developed. 

AB 388 received significant amendments from broadband providers to be presented in the form described above. Based on the work done with stakeholders in the amendment process, the Vegas Chamber has moved from opposed to neutral on AB 388. 
Primary Bill Sponsor: Assemblyman C.H. Miller
Position: Neutral
 
Senate Bill 2
Revises provisions relating to education
Legislative Summary: SB 2 would change the timeline of when school districts submit their budgets to the Nevada Department of Taxation and Department of Education. Per Section 4 of the bill, the local school districts would need to submit their tentative budget by June 8. School districts would also be required to hold a public hearing regarding their tentative budgets between the third Monday in July and the last day of July. Section 5 of the bill would change when school districts must adopt the final budgets to December 31 of each year and after the average daily enrollment of students is reported for the previous quarter.

The Chamber supports this bill as it would allow for increased accuracy of budgeting and fiscal projections by the local school districts to the State.
Primary Bill Sponsor: Senate Committee on Education
Position: Support
 
Senate Bill 18
Revises provisions governing penalties for certain violations relating to public utilities
Legislative Summary: SB 18 would change the administrative fine structure that is used by the Public Utilities Commission of Nevada (PUC). As amended, Section 1 of the bill would revise the daily fine amount of a maximum of $1,000 to $200,000 and a maximum cap not to exceed from $200,000 to $2,000,000. These fines would apply to businesses that operate and maintain the storage facilities and intrastate pipelines used to store and transport natural gas or liquefied petroleum gas.

Section 2 of the bill would also revise the daily fine amount of a maximum of $1,000 to $200,000 and a maximum cap not to exceed from $100,000 to $5,000,000 if a person provides to the PUC information which is inaccurate or misleading and which the person knew or should have known was inaccurate or misleading. Section 3 of the bill increases the maximum amount of a criminal fine from $500 to $50,000.

The Vegas Chamber was originally opposed to the bill as introduced because of the unprecedented increase of the proposed fines of $20 million and $5 million. However, the amended version of the bill lowers the new fine structure by half. Therefore, the Chamber has removed its opposition to the bill.
Primary Bill Sponsor: Senate Committee on Growth and Infrastructure
Position: Neutral, Concerns Mitigated 
  
Senate Bill 24
Revises provisions relating to workforce development
Legislative Summary: SB 24 sets requirements for organizations managing workforce development programs, criteria for the businesses involved, and provisions for the receipt of State workforce development funds from the Governor’s Office of Economic Development. The requirements set forth in SB 24 are designed to ensure that all participants in a sanctioned workforce development program are offered the opportunity to develop relevant, high demand skills and placement with reputable and responsible businesses.
 
Workforce development has long been a top priority of the Chamber and is vitally necessary for the diversification of Nevada’s economy. The Chamber supports SB 24, as well as continuing workforce development efforts at the state, county, and municipal levels.
Primary Bill Sponsor: Senate Committee on Revenue
Position: Support
 
Senate Bill 107
Makes various changes relating to the statute of limitations for certain causes of action.
Legislative Summary: SB 107 as introduced, would clearly establish that there is a 4-year statute of limitations for an individual to file a wrongful termination of employment against their former employer. Currently, it is a 2-year limitation to file a wrongful termination lawsuit in Nevada. 
 
The Chamber opposed the bill as originally written. These types of cases can be very expensive to defend against, take considerable time to respond to, and may result in costly damages. Wrongful termination is already illegal at the federal and state level. For a small business, this change to state law would require employers to retain records for even longer periods of time and additional costs associated with their employment practice liability insurance costs.
 
Based on amendments made to the bill, the Chamber removed its opposition.
Primary Bill Sponsor: Senator James Ohrenschall
Position: Concerns Mitigated, Neutral
 
Senate Bill 151
Revises provisions relating to education
Legislative Summary: SB 151 requires the board of trustees of a school district in a county whose population is 100,000 or more to develop an implementation plan to improve students' ratios to specialized instructional support personnel to meet the ratio recommended by the State Board of Education. This implementation plan will be submitted to the Department of Education on or before October 1 of each year. This bill creates accountability for our state to ensure that student success is personalized for each district, supporting our students' accomplishments and physical and mental well-being.
The bill recognizes the benefits of having a high-quality, comprehensive school counseling program in our state by investing in school counselors, school psychologists, and school social work and encouraging the completion of continuing education. Portions of the bill also highlight the importance of recruiting and retaining our essential workforce of school counselors, school psychologists, and school social workers in the state of Nevada.
 
The Chamber is in favor of the bill as it would provide the necessary support for school counselors, school psychologists, and school social workers are uniquely equipped to promote academic success and help Nevada students become college-ready or career-ready.
Primary Bill Sponsor: Senator Marilyn Dondero Loop
Position: Support
 
Senate Bill 184
Revises the provisions relating to the practice of medicine
Legislative Summary: SB 184 is intended to streamline the process of licensing and credentialing for qualified care providers wishing to work in Nevada. This bill provides the authorization of the Board of Medical Examiners to issue licenses to qualified individuals who have graduated medical school and completed residency outside of the U.S. or Canada. Additionally, this bill provides additional legal flexibility for Physician Assistants to provide emergency care under certain supervised circumstances.
 
SB 184 is a Southern Nevada Forum priority. The Chamber supports the bill as it would streamline the licensing process for caregivers and increasing the number of qualified caregivers within the State. 
Primary Bill Sponsor: Senator Joseph Hardy
Position: Support
 
Senate Bill 284
Revises provisions relating to transferable tax credits for affordable housing
Legislative Summary: SB 284 is the continuation of legislation allocating $40 million in transferable tax credits to private, affordable housing developers to incentivize affordable housing projects. SB 284 provides reauthorization of the tax credits which were temporarily suspended during the pandemic and removes the sunset provisions from the original legislation, instead of allowing the tax credits to remain available until such time as all $40 million has been expended. Additionally, SB 284 allows affordable housing developers to apply for the transferable tax credits at the beginning of projects, rather than upon completion. This provision allows developers to avoid having to apply for bridge loans to complete projects. 

The Chamber is in support of SB 284 because it incentivizes private developers of affordable housing to build additional projects and increase the supply of affordable housing units in the state. 
Primary Bill Sponsor: Senator Julia Ratti
Position: Support
  
Senate Bill 329
Revises provisions relating to competition in health care markets
Legislative Summary: SB 329 as introduced, would require a hospital or physician group practice to notify Nevada’s Department of Health and Human Services of certain transactions. The bill would also prohibit an insurer, a physician, or a healthcare facility from entering a contract that contains certain provisions. Finally, the bill would authorize certain administrative sanctions against the business entity.

The Chamber’s concerns about SB 329 include the mandate for additional reporting requirements to HHS since such transactional matters are conducted and reviewed by the Attorney General’s office. The bill's proponents introduced an extensive amendment at the hearing and the Chamber is currently reviewing the language.
Primary Bill Sponsor: Senator Roberta Lange
Position: Opposed

Senate Bill 352
Revises provisions relating to education
Legislative Summary: SB 352 would adopt regulations that would allow a person who is currently employed as a paraprofessional educator, or commonly known as a student teacher, to become a teacher through an accelerated program. This bill would allow qualified out-of-state or out-of-country student teaching experiences to be accepted by the Department of Education and fulfill the requirements of a student teaching program in Nevada.
 
The Chamber supports this bill because it will provide the necessary accountability for our Nevada students and education system but aid with the process of the additional teachers we need in our state.
Primary Bill Sponsor: Senate Committee on Education
Position: Support
 
Senate Bill 363
Revises provisions relating to charter schools
Legislative Summary: SB 363 requires each charter school's governing body to enter into a contract with an educational management organization to submit a report to the charter school sponsor on an even-numbered year on or before November 1. Furthermore, this bill will require the sponsor of the charter to also submit such a report to the Legislature on each even-numbered year.

The Chamber understands that these reports will help each charter school's governing body to understand the current performance levels, set goals, evaluate areas to make improvements, and provide transparency.
Primary Bill Sponsor: Senate Committee on Education
Position: Support
Washington, D.C. Fly-In 2021
Monday, Sept. 20 - Thursday, Sept. 23
We look forward to welcoming back our guests to an in-person experience at our annual Washington D.C. Fly-In, in partnership with the Las Vegas Global Economic Alliance, from Sept. 20-23.

This year, Chamber and LVGEA members will have the opportunity to attend the Washington, D.C. Fly-In in-person or virtually to interact with our federal policymakers from the comfort of their home or office. The Fly-In will offer a variety of meetings with decision-makers and policy experts throughout the week and receptions to build relationships and strengthen existing connections with Congressional leadership.
 
Whether it is online or in-person, we are ready to give you an overview of the app, events, and answer any questions you may have about the policy meetings during our Fly-In this year. Most importantly, this will be a great opportunity to get to know your fellow chamber members attending the Fly-In either in person or virtually.

Early Bird Pricing/Registration Fees: Now – Aug. 1, 2021
  • $1,495 In-person Policy Registration per person
  • $649 Virtual Policy Registration per person

Early Bird Spouse Program Registration Fees: Now – Aug. 1, 2021
  • $895 In-person Registration per person
  • This does not include any of the policy briefing, think-tank discussions or congressional meetings.
  • Virtual attendance is not available for the Spouse Program.

PRESENTING SPONSOR:
Apply Today for Leadership Las Vegas
Deadline May 20
Applications are open for Leadership Las Vegas, the premier community leadership development program in Southern Nevada. The Leadership Las Vegas experience begins with a three-day opening Gateway retreat where the class gets to know each other. Through monthly day-long sessions, class members develop new perspectives on the community by exploring the inner-workings of Las Vegas, including its greatest strengths and most challenging issues, hearing from area experts and leaders, and participating in interactive tours, simulations, and other exclusive activities.
 
At the end of the program year, class members join a network of leaders committed to using their talents and strengths to improve Southern Nevada. More than 1,400 community and business leaders have graduated from Leadership Las Vegas since its creation by the Vegas Chamber in 1986.
 
Distinguished Leadership Las Vegas alumni include Vegas Chamber CEO Mary Beth Sewald, Chamber Chairwoman Gina Bongiovi U.S. Congressman Steven Horsford, Nevada Speaker of the Assembly Jason Frierson, Nevada Superintendent of Instruction Jhone Ebert, MGM Resorts International President and CEO Bill Hornbuckle, Henderson Mayor Debra March, Las Vegas City Councilman Brian Knudsen, Raiders Foundation CEO Alan Diskin, among many others.

The deadline to apply for the Class of 2022 is May 20 at 4 p.m. For more information, go to www.Leadership.Vegas or contact Cara Clarke today.
Recover. Rebuild. Reinvent Nevada Together: BizPAC
Recover. Rebuild. Reinvent Nevada Together is BizPAC’s campaign to ensure that the business community’s needs are well represented in the 2021 Legislative Session. By contributing through the Recover. Rebuild. Reinvent Nevada Together initiative, you are helping to ensure that the individuals serving in office support Nevada’s employers and employees. With your support of BizPAC, you are uniting with other business leaders in demonstrating to candidates for public office that the business community in Nevada is actively engaged in the political process and are willing to stand against onerous bills that will hurt the business community.
 
Through BizPAC, a bipartisan political action committee, the Vegas Chamber:
  • Supports pro-economy policymakers
  • Works to protect laws that support the business community
  • Ensures your interests and concerns are kept in front of elected officials
  • Champions legislation that supports economic growth and job creation for the state

To learn more about contributing to BizPAC or sponsoring an upcoming event, please contact Erica Valdriz or 702.245.8465, or click here to donate now.
Additional Legislative Resources
Vegas Chamber
Information is subject to change