Nevada Government Affairs & Advocacy Nevada Update – August 2, 2020
Government Affairs Daily Update
August 2, 2020
Our Government Affairs & Advocacy Team is dedicated to keeping you informed and up to date with political and COVID-19 information in Nevada.
Special Session Coverage
Special Session Day 3 – Lawmakers resumed business Sunday for the third day of the 32nd Special Session after another late night on Saturday. Both houses heard and voted on the three mining tax resolutions proposed, passing all three on near party-line votes. Of the total six bills introduced, three of them have passed both houses and will be delivered to the Governor’s desk for signature. Special session rules allow for each house to introduce up to five bills respectively, leaving room for one additional bill from the Assembly and three from the Senate. However, resolutions are not included in the total bill count and do not require a signature from the Governor. Limited liability legislation and revisions to unemployment insurance are among the topics that were identified in Governor Sisolak’s proclamation that have yet to be introduced in bill language.
Status of Legislation (As of 5:00 p.m. August 2) –
AB 1 (Technical Changes) – Assembly Bill 1 corrects several technical errors in law relating to voting rights for those on probation and parole, as well as clarifying language relating to evictions.
Status: Passed in the Assembly 31-10. Passed in the Senate 18-3.
AB 2 (Remote Participation and Constitutional Changes) – Assembly Bill 2 codifies remote participation for legislators during the COVID-19 pandemic, creates the Office of General Counsel in the Legislative Counsel Bureau and provides authorization and guidance on the process of amending the Constitution during a special session.
Status: Passed 40-1 in the Assembly. Passed 16-5 in the Senate.
AB 4 (Election Reform) – Assembly Bill 4 provides for an expansion of mail-in voting during a state of emergency, mandates the minimum number of in-person voting locations in each county and appropriates $3-million in state funds to conduct the November general election.
Status: Passed in the Assembly 29-12. Passed in the Senate 13-8.
SJR 1 (Mining Tax) – Senate Joint Resolution 1 (SJR1) proposes to implement a 7.75-percent tax on gross proceeds of minerals, provides 50-percent of the proceeds toward payments to Nevada residents and removes the requirement for a two-thirds majority to pass a tax increase.
Status: Passed in the Senate 13-8. Passed in the Assembly 25-17.
AJR 1 (Mining Tax) – Similar to SJR1,Assembly Joint Resolution (AJR1) proposes to implement a 7.75-percent tax on gross proceeds of minerals but allocates 25-percent of proceeds to education, health care and economic assistance for state residents.
Status: Passed in the Assembly 29-13. Passed in the Senate 13-8.
AJR 2 (Mining Tax) – Assembly Joint Resolution 2 (AJR2) proposes to raise the cap for net proceeds on minerals tax from 5-percent to 12-percent.
Status: Passed in the Assembly 29-13. Passed in the Senate 14-7.
AB 3 (Police Reform) – Assembly Bill 3 presents a number of reform policies for law enforcement agencies, which includes banning the use of chokeholds, creating a “duty to intervene,” requiring a drug test for those in an officer-involved shooting and allowing the recording of law enforcement if it does not obstruct proceedings.
Status: Passed in the Assembly 38-4.
SB 1 (Eviction Dispute) – Senate Bill 1 authorizes the halt of eviction proceedings for alternative dispute resolution and applies to those staying in apartments, mobile homes, recreational vehicles and low-rent housing programs.
Status: Passed in the Senate 18-3.
SB 2 – (Peace Officers) – Senate Bill 2, introduced Saturday, proposes changes to Senate Bill 242 that passed unanimously during the 2019 legislative session. The bill aims to provide accountability and transparency for both officers and residents by requiring investigations to occur within a reasonable amount of time and allows an investigation to be reopened without the discovery of new evidence.
Status: Heard in the Senate and awaiting a vote.
Mining Tax Resolutions Pass – Lawmakers moved quickly over the weekend to hear and pass three proposed mining tax resolutions by Monday, August 3 – the cut-off date in order for the resolutions to be eligible for consideration by the 2021 Legislature. The three resolutions, AJR1, AJR2 and SJR1, propose to amend the state Constitution by adjusting the process for collecting mining tax revenue. AJR1 and SJR1 were heard simultaneously as they both propose a 7.75-percent tax on the gross proceeds of mines, rather than the 5-percent of net proceeds currently in statute. AJR1 earmarks 25-percent of the proceeds for education, health care and economic security for Nevadans, while SJR1 would allocate 50-percent of the proceeds to fund dividend payments to Nevada residents. AJR2, introduced Saturday evening, proposes an increase in the net proceeds of minerals tax from 5-percent to 12-percent. Speaker Frierson noted AJR 2 was an effort to appease the mining industry by maintaining a tax on the net proceeds rather than gross proceeds. The mining industry took a neutral stance on AJR2. Both AJR1 and AJR2 passed along party-lines, with all Republicans in opposition. SJR 1 passed 25-17, with three Democrat legislators voting with Republicans to oppose the resolution. The Senate held hearings on AJR1 and AJR2 Sunday morning, voting to pass both along near party-lines. The set of resolutions provide lawmakers with three avenues for further discussion in the 2021 regular legislative session.
Election Reform Bill Passes Senate, Heads to Governor – The Senate heard and passed Assembly Bill 4 Sunday morning, which proposes a number of policy reforms to expand access to mail-in voting ahead of the November general election. The bill passed out of the Assembly on a party-line vote Friday amid concern from Republican lawmakers over the security of mail-in ballots and the provision that allows a designee to collect and hand in a ballot on behalf of another person. The bill garnered national attention Sunday as President Donald Trump tweeted his disapproval for the legislation. The Nevada Senate and Assembly Democrats issued a joint statement following President Trump’s tweet that reinforced the bill’s intent to provide a safe and secure election. The language in AB 4 seeks to allocate $3-million to provide each registered and active voter in the state with a mail-in ballot for November’s general election, as well as guarantee a set number of in-person polling locations in each county. The bill passed on a party-line vote 13-8 and will be delivered to the Governor’s desk.
COVID-19 Numbers in Nevada
New Cases: 1,006
Total Cases: 50,257
Total Recoveries: 40,165 (+838)
Total Fatalities: 832 (+0)
About McDonald Carano
McDonald Carano has helped to shape the Nevada business and legal landscape for 70 years. With more than 60 lawyers and government affairs professionals in our offices in Las Vegas and Reno, we are Nevada's law firm for business. We proudly represent Fortune 500 companies, financial and governmental institutions, fast-growth and mid-market companies, entrepreneurs, start-up ventures, non-profit organizations and individuals. Our attorneys deliver cross-discipline, one-stop, commercial law and government affairs counsel. Our dedication to clients, innovative thinking and practical solutions based in sound business and legal judgments are at the heart of our practice. For more information, visit mcdonaldcarano.com, call 775.788.2000 (Reno office), or 702.873.4100 (Las Vegas office) or reach us by email at email@example.com.
You have chosen to send an email to McDonald Carano. The sending or receipt of this email and the information in it does not in itself create an attorney-client relationship. If you are not already a client, you should not provide us with information that you wish to have treated as privileged or confidential without first speaking to one of our lawyers. If you provide information before we confirm that you are a client and that we are willing and able to represent you, we may not be required to treat that information as privileged, confidential, or protected information, and we may be able to represent a party adverse to you.
I have read this and want to send an email.