To fairly assess the 82nd Legislative Session of the Nevada Legislature, it is imperative to begin with the contentious and grueling gubernatorial race between then-incumbent Democrat Governor Steve Sisolak and Republican Clark County Sherriff Joe Lombardo. The results took nearly 10 days to count and many political types, us included, were on pins and needles while the arduous task of tabulating votes from mail ballots took what felt like an eternity to sift through. In the end, Lombardo became the only challenger in the entire United States to defeat an incumbent governor during the 2022 Election Cycle. The importance of Lombardo’s ascension to the Governor’s Office and its impact on Carrara’s clients cannot be understated, as it changed the legislative trajectory on a wide range of policy issues, offering many of our clients a critical backstop against outrageous legislation that baffled even seasoned Carson City observers. Lombardo’s threat to use his veto pen on countless pieces of legislation assisted the Carrara team in working to moderate some legislative proposals, while also posturing in an aggressive stance on other policy issues.
Governor Lombardo and his staff were critical partners with the Carrara Nevada team. From our access to his Chief of Staff, to his chief health care policy advisor, to his economic development director, to his superintendent of education, to the director of health and human services, the Carrara team had unfettered access to help and assist our clients with their critical needs.
The 2023 Session also provided an opportunity for key staffers with the firm to spread their wings a little more and take on additional responsibilities. Ashley Cruz and Samantha Barnes expanded their roles for session, integrating into the team’s lobbying efforts and working directly in some cases with clients on critical policies.
The Session Itself:
The 2023 Regular Session began on February 6 with the normal pomp and circumstance. Leadership in both houses were elected—newly minted Speaker Steve Yeager, a longtime friend of our firm and to many of our clients, and the reappointment of Senator Nicole Cannizzaro, a champion for numerous Carrara issues, as Majority Leader in the Senate. Unlike the 2021 Regular Session, the Legislative Building was open from Day 1 and the team took full advantage of the access.
The session was mired down early with the closure of the Legislative Building due to historic and prolonged weather systems that dumped record levels of snow and literally made passage to Carson City unnavigable. For those of you who have ventured to Carson City over the years—Washoe Valley became impassable and resembled the Bermuda Triangle with cars and trucks entangled on slippery ice patches and wrecks off into the cow pastures. It was a sight to see.
As a result of the weather calamity that beset the first few weeks of the session, the first significant deadline—legislator bill introduction—ended up moving by a week. Many saw this as an ominous sign of things to come, but, to their credit, legislative leadership in both houses stuck to the remaining deadlines during the 120-day session.
Leadership used each deadline to weed out several bad bills: nearly 250 bills in the first deadline, 10 bills with the second deadline, 38 bills with the third deadline, 7 with the last deadline, and almost 200 on sine die. Those numbers fell far short of what we had hoped, and subsequently put much more pressure on Governor Lombardo to use his veto pen to kill bad legislation.
As the session progressed to sine die, the lost days of the early part of session didn’t seem to matter—until they did. The last days of the 2023 Session saw a scrambled frenzy the likes of which Team Carrara had not seen in many, many years. As tensions grew, and believe us, the animosity was quite high in the waning days of the session, numerous bills fell by the wayside.
The Economic Forum:
As is always the case, the session itself really began after the announcement of the Economic Forum’s budgetary estimates for the remainder of the fiscal year. What emerged was an estimated $250M budgetary surplus determined at its May 1 meeting. The excess funds were used by lawmakers to support a variety of topics and programs.
The End of Session Spiral:
Nearly three quarters of the 2023 legislators had never governed under a divided government system. Why was that important? With the onset of term limits in full effect, most of the 2023 policymakers had only been in office long enough to be governed under former Governor Sisolak’s administration. Consequently, few, if any, had seen the need to compromise on legislation in order to have it signed into law by a governor. In fact, the newness of legislators, coupled with the inexperience of some lobbyists not having operated in a divided government situation, left many feeling like there was not a need to compromise. As a result, Governor Lombardo broke out his veto pen, vetoing a record 75 bills. His 75 vetoes shattered the previous record of 48 set in 2009 by former Governor Jim Gibbons.
Moreover, the proliferation of national affiliated groups and organizations continued to push Nevada in a direction it had long attempted to avoid: ramming through national issues at a state level, all in an attempt to create campaign issues for 2024. Several of our clients got caught in this vortex on some key policy conversations in the area of medical malpractice, drug pricing and business employment topics.
Further complicating session was the introduction of a bill to attract the Oakland A’s Major League Baseball team to Nevada, a bill to build two world-class film studios in Southern Nevada, and a last-minute bill benefiting NV Energy. Due to the Wild West nature of Nevada’s legislative process, all three initiatives did not have to maneuver through the 120-day gauntlet of deadlines and instead were measures introduced at the behest of leadership and therefore not subject to the legislative deadlines of all other bills. While all three bills had merit, their net impact resulted in the session getting bogged down from a timing standpoint, and they detracted from some other important issues of the session, and some of our clients specifically.
Final Analysis:
For many of our clients, the 2023 Session would have looked vastly different had former Governor Sisolak won re-election. In fact, without overstating the obvious, the session would have been a blood bath on a raft of critical issues—from rent control, to drug pricing caps, to unbearable medical malpractice reform, to a minimum wage increase and expansion of workers’ rights and employer mandates. Put simply, 2023 could have been a disaster for our clients.
Instead, with Governor Lombardo at the helm, the Carrara Nevada team led by Jenny Reese and Connor Cain used the leverage of the Governor’s Office to offset many of the more draconian measures pursued by some of the more progressive members of the body, and attempted to moderate a number of other bills that started off as harmful, but through the threat of a veto, found a landing point that was acceptable to our clients.
Enjoy our recap of the specific pieces of legislation that were most important to you and your industry. It was a pleasure to be part of your extended team and we thank you for your patronage.
Thank you!
Carrara Nevada thanks each one of you for allowing us to serve you this session and fight for your interests.
Here’s the rest of the team (Areli Alarcon not pictured):
With overwhelming Democratic control in both houses of the Nevada Legislature this session, a pro-business legislative agenda was difficult to attain. The business community had to stave off proposals ranging from employee misclassification to detrimental health care legislation, internet privacy and housing bills. Many of the anti-business proposed policies were outright defeated or heavily amended to alleviate the concerns of the business community. The Governor’s Office had taken a stance and stated its intentions to streamline regulation and make Nevada a business-friendly state. In his State of the State address, Governor Lombardo vowed to not raise any new taxes and he delivered on that promise, vetoing anti-business legislation that made it through the Legislature. Governor Lombardo vetoed a record breaking 75 pieces of legislation this session. Positive strides were made in economic development across the state, providing an optimistic outlook for the future growth of our state.
A’s Stadium and Film Tax Credits
Abatements and economic development expansion were a topic of tension between the democratic majority legislature and the Governor. With additional multimillion-dollar tax abatements for Tesla announced early in the session, many democratic lawmakers voiced their frustration with the perceived giveaway of Nevada’s tax dollars to large corporations.
For many, an unexpected surprise in late May from the Oakland A’s revealed that the Bay Area team sought to relocate to Las Vegas. The team’s reveal also requested $500 million from the public to fund the new stadium for the team. The bill failed to advance in the regular session due to concerns from lawmakers. The amount of public funding was later renegotiated to $380 million, and the bill was the focus of the 35th Special Session called after the regular session sine die. The bill ultimately passed during the special session after a number of significant concessions, including several vetoed bills being amended into it, and was approved by Governor Lombardo.
In mid-May, a film tax credit proposal amounting to $200 million in film tax credits available every year for the next 20 years was introduced as an effort to get Hollywood studios to relocate to Nevada. SB496, named the Nevada Film Studio Infrastructure Act, was given a high-profile hearing with several significant Hollywood actors participating in the lobbying efforts but died in the Senate Finance Committee. This loss of the bill was one of the more disappointing aspects of the session, but we do anticipate that this proposal could make another encore performance before the start of the 2025 Session.
Health Care
As a constant and often contentious topic, health care was a central theme this legislative session.
Out of the gate, two bills proposed by the Patient Protection Commission (PPC)—AB6 and AB11—caused palpable tension between Governor Lombardo and democratic lawmakers. AB6 would have codified the Cost Growth Benchmark and AB11 would have prohibited a hospital from employing physicians. Although the Governor’s Office issued a letter asking the Chair of the PPC to not advance these bills, democratic lawmakers continued to move both bills forward. AB6 died in the Senate and the Governor vetoed AB11.
Another controversial legislative topic was medical malpractice. There were initially two bills—Assemblywoman Cecelia González’s AB209 and AB404—but only AB404 advanced forward. In their early iterations, both bills would have made drastic and dangerous modifications to a provider’s legal liability and the statute of limitations within which they could potentially be sued by a trial attorney. More specifically, as introduced, AB404 would have also raised the damages cap to $2.5 million. At the end of the day, the Carrara Nevada team played a significant behind the scenes role in helping both providers and trial lawyers to strike a reasonable deal they could live with, leaving existing liability standards in place, slightly increasing the statute of limitations, and allowing for a gradual and reasonable increase in the damages cap to $750,000 over five years with subsequent adjustments for inflation thereafter. More importantly, in securing the deal, Governor Lombardo extracted a commitment from all parties to not re-open the issue for the next 10 years.
Other divisive health care proposals mired the 2023 Session. Introduced by Assemblywoman Venicia Considine, AB250 would have seen Nevada adopt drug prices negotiated by Medicare. This would have placed an arbitrary price cap in Nevada based on yet-to-be-made federal decisions. Most concerning, the bill would have resulted in decreased access to life-saving drugs, in addition to a reduction in their research and development. If passed and approved, AB250 would have had dire consequences for Nevada’s patients. That outcome notwithstanding, the bill advanced through both houses of the legislature before being vetoed by Governor Lombardo.
The provocative SB239, sponsored by Senator Edgar Flores, brought the policy of medical aid in death for the fifth time before the Nevada Legislature. The bill narrowly passed out of the Senate and passed through the Assembly but was ultimately vetoed by the Governor. Assemblywoman Heidi Kasama’s “right to try” bill, otherwise known as AB188, would authorize experimental medical treatments aimed at giving life-threatening ill patients the ability to access potentially life-saving treatments. The bill died but was later amended into SB283 and has been approved by the Governor.
Majority Leader Cannizzaro sponsored SB131, which codifies former Governor Sisolak’s executive order protecting out of state abortion seekers as well as medical providers of care. The bill passed through both houses and, to the surprise of some, was approved by the politically savvy Governor Lombardo.
Landlord Tenant Protections
After many bills on this topic failed during the 2021 Session, lawmakers introduced a multitude of similarly controversial and contentious bills in 2023. The first such bill, SB68, proposed raising the statewide real property transfer tax by $0.20 per $500 of value to increase funding for supportive housing. The bill did not advance and never received a vote.
Senator Fabian Doñate’s SB78 was also introduced to prohibit landlords from transferring, selling, assigning, or reporting to certain agencies information concerning amounts owed by tenants to landlords unless the landlord obtains a judgment against the tenant for any such amount. Additionally, it would have required landlords to allow tenants a grace period for rent payments. The bill further would have required that landlords disclose all fees, fines, and costs in the rental agreement before tenancy begins and differently defines in which instances a security deposit can be recovered. It passed though the Assembly and Senate but was ultimately vetoed by the Governor.
Senator Dina Neal introduced SB143, which would have protected those with a criminal conviction or arrest records from background checks when applying for a lease, only exempting those who have committed sexual assault or violent assault within the last five years. The bill passed through the Senate but died in committee on the Assembly.
Majority Leader Sandra Jauregui’s AB298 would have required landlords to include the rights of the tenant and regulated fees a landlord can charge a tenant. It would also have prohibited a landlord from increasing rent by more than 10% when renewing a lease with an existing tenant if the tenant is 62 or older or if the tenant relies on payments received pursuant to the federal Social Security Act. The bill was vetoed by Governor Lombardo.
Senator Pat Spearman’s SB426 would have established the Residential Landlord and Tenant Act, governing rental agreements for dwelling units. The Act would have established certain obligations for landlords and tenants and provided certain remedies for landlords and tenants for violations of such obligations. The bill did not pass out of Senate Finance.
Assemblywoman Venicia Considine’s AB218 would have required landlords to provide a prospective tenant with a copy of the written rental agreement, if any, to which the prospective tenant would be subject to if he or she were to become a tenant. The bill would also have required a landlord to provide a tenant at least one free method to pay rent or any other fee or charge and establishes additional deceptive practices with penalty. It passed through the Assembly and Senate but was ultimately vetoed by the Governor.
The bipartisan SB381 prohibits landlords from requiring a tenant to pay any fee or other charge for the performance of certain repairs, maintenance tasks or other work for which the landlord has a duty to perform to maintain, unless the condition was caused by a deliberate or negligent act by the tenant. The bill was approved by the Governor.
Criminal Justice
In contrast to previous sessions, there is now a former Sheriff in the Governor’s Mansion. Lawmakers have suspended further criminal justice reforms for the most part, instead seizing the opportunity to address a couple of major crime trends in the state. Leading criminal justice efforts this session were addressing catalytic converter theft and the increase in fentanyl deaths.
Senator Rochelle Nguyen’s SB243, which provides heightened penalties for catalytic converter thefts garnered bipartisan support in both chambers before being approved by Governor Lombardo. Targeting a different aspect of catalytic converter theft, Senator James Ohrenschall’s SB250 focused on the “black market” surrounding the resale of these stolen items. This bill passed out of the Senate but died in the Assembly.
To address the fentanyl crisis in the state, Senate Majority Leader Nicole Cannizzaro introduced SB343, which conjunctively would have worked with the Attorney General’s proposal, SB35. Both bills aim to penalize bad actors and distributors of illicit fentanyl while claiming that the bill does not target addicted users. SB343 died in the Assembly and SB35 passed through both houses and was approved by the Governor.
Majority Leader Sandra Jauregui’s firearm bills, AB354 and AB355, were both ultimately vetoed by Governor Lombardo.
Seeking to reform incarceration costs is the Senate Judiciary Committee’s SB416, which caps commissary markups at 5%, prevents the Department of Corrections from charging for room and board for working inmates, and eliminates fees when incarcerated people require emergency medical services. The bill removes the costs from emergency medical visits due to self-harm attempts and accidents. The bill was approved by the Governor.
Education
At the forefront of Governor Lombardo’s priorities lied education and school choice. The opposing positions between the Governor’s Office and democratic lawmakers led to numerous political confrontations between both sides, especially on AB330. Proposed by the Governor’s Office, the bill undoes “restorative justice” and gives teachers the ability to take disciplinary action. Additionally, AB400 focuses on school choice, early childhood literacy, and increasing the number of teachers. Governor Lombardo’s proposed bill takes taxpayer dollars and creates vouchers for private schools. It also allocates funds to cover student transportation to charter schools. Democratic leadership and lawmakers expressed their concern and disapproval by emphasizing the need to fund public education instead of private and charter schools. After negotiations, both bills passed and were approved by the Governor.
Many stakeholders have also returned and advocated for budget restorations after the Covid-19 related budget cuts many Nevada System of Higher Education (NSHE) institutions and educational entities received in the previous session. So far, restorations have been made to these budgets and increased funding has been provided in the Nevada Department of Education’s new Pupil Centered Funding Plan (PCFP).
SB340, which would have required schools, whether public or charter, to provide transportation and meals during summer school for participating students. After passing through the Senate and the Assembly, the bill was vetoed by the Governor.
Energy
Northern Nevada’s long winter and significant storms caused many energy and electricity outages in the state, while utilities charged higher rates. With the clock ticking on a Nevada law requiring the state to have 50% renewable energy by 2030, lawmakers have started to look at different energy sources to make sure Nevada is complying in the next seven years. Senator Pat Spearman’s SB451, seeking to promote the development and use of clean hydrogen technology in the state, was approved by Governor Lombardo. Additionally, Senator Skip Daly’s SB257, which investigates tax abatements for certain renewable energy facilities, was approved by the Governor.
In the last two weeks of session, Assemblyman Howard Watts introduced AB524, which aims at expanding the state’s energy independence and allows NV Energy to submit its long-term plans for energy supply more frequently. The bill sponsor stated that the bill was “a compromise that would spur more electric resource development without having the Legislature mandate that certain electric resource proposals be approved by the Public Utilities Commission.” It was also approved by the Governor.
However, not every energy proposal this session was ultimately successful. Senator Roberta Lange’s SB314, which proposed to explore energy storage in the state, the bipartisan SB334, which sought to establish an energy storage system to store and deliver energy using only green hydrogen, and Assemblywoman Melissa Hardy’s AB315, which aimed to explore geothermal energy, were ultimately unsuccessful.
There were a lot of big issues coming for REALTORS(R), property owners, landlords and tenants. Ultimately, very few of those policy proposals were signed by the Governor. If you have been reading the Advocate, you probably know about most of the priority bills by now, but here's the recap of what they were and what the final action on them was.
AB111: Prohibits certain restrictions on the display of religious items in common-interest communities. (FAILED)
Sponsored by Republican Assemblywoman Danielle Gallant, AB111 would have prohibited an HOA or owner who rents the unit from prohibiting an owner or occupant from engaging in the display of religious items. The definition of religious items would have meant an item or combination of items made from certain materials and displayed or affixed on an entry door or doorframe of a unit. It did not receive a hearing in the Assembly Judiciary Committee.
AB123: Establishes certain requirements and restrictions relating to policies of rental obligations insurance and rental assurances agreements. (FAILED)
Sponsored by Republican Assemblywoman Melissa Hardy, AB123 would have established governing policies of rental obligations insurance, which provides coverage to a landlord against:
Financial loss from nonpayment of any financial obligation due pursuant to the rental agreement
Damages to the premises caused by the tenant during the term of the rental agreement
It would have authorized (as opposed to require) a landlord and tenant to enter into a rental assurances agreement, in which the tenant agrees to pay a landlord a monthly charge to reimburse the landlord for the costs of the landlord for the policy premium. Nonpayment of this charge would have been cause for termination of the tenancy. The bill did not receive a hearing.
AB176: Revises provisions relating to housing. (FAILED)
Sponsored by Democrat Assemblywoman Cecelia González, AB176 would have prevented source of income discrimination in housing. Source of income would have meant any lawful, verifiable source of money or housing assistance paid to or on behalf of a renter or buyer, including:
Money from any legal occupation or activity
Money from any judgement, decree or order from a court, including an order for the payment of child support
Money from any contract, agreement, loan or settlement
Money or other benefits from any federal, state or local government program or service, including any disability benefits, housing choice voucher or any subsidy for rent or program for the assistance of rent
It was heard in the Assembly Commerce and Labor Committee but never voted out.
Sponsored by Democrat Assembly Majority Leader Sandra Jauregui, AB213 intends to speed up the zoning application process and promote affordable housing. It provides that if the governing body fails to comply with the timeline and process in existing law, the application shall be deemed to be complete. It requires the governing body to review and respond to a corrected application within five working days and prohibits a governing body from using any preliminary application to circumvent the timeline or process. The bill authorizes the governing body to offer increased residential density for multi-family or multi-story residential development to promote affordable housing. AB213 passed the Assembly 39-3 and the Senate 18-2-1E. It was approved by the Governor. Effective July 1, 2023.
AB220: Revises provisions relating to water conservation. (PASSED)
Sponsored by the Assembly Natural Resources Committee, AB220 only applies to Clark County. In its original form, it would have required property owners with an existing septic system that is within 400 feet of a community sewer to connect to the sewer system by January 1, 2054. This was going to impact approximately 15,000 homes in Clark County. At a hearing in the Assembly Natural Resources Committee, the Southern Nevada Water Authority (SNWA) presented a proposed amendment that addressed NVR’s concerns. The amendment:
Narrows the focus to only properties who are already getting their water from a public water system, and not those on wells. With this change, they estimate that the impact will be to approximately 5,000 homes
Adds the ability for local governments to establish special improvement districts (SIDs) and landscape improvement districts (LIDs) in order to help defray the costs to property owners
Authorizes the health district to establish a voluntary program to pay at least 100% (up from 50% in the initial bill) of the cost for property owners to abandon a septic system
SB220 passed out of the Assembly 30-12 as amended and out of the Senate 17-3-1E. It was approved by the Governor. Effective June 6, 2023.
Sponsored by Democrat Assembly Majority Leader Sandra Jauregui, AB298 would have required that a lease include a separate appendix that contains a clear and concise explanation of each fee that may be charged and the purpose for which that fee may be charged and would have required another appendix that contains an explanation of the rights of the tenant pursuant to federal or state law and local ordinances. It would have required a landlord who collects from a prospective tenant any application fee to refund the fee if the landlord rents the until to a different prospective tenant, and does not conduct the activity for which the fee was collected. In its first iteration, the bill would have exempted from the real property transfer tax (RPTT), between July 1, 2023, and December 31, 2024, a transfer of property to a bone fide resident who attests the he/she will use the property as his/her primary residence, but that provision was removed by amendment. It would have prevented landlords from increasing rent more than 10% if the tenant is 62 years old or more, or relies on payments received through social security. This would only have applied from July 1, 2023, to December 31, 2024. It passed out of the Assembly 36-6 and out of the Senate 12-8-1. It was vetoed by the Governor.
Sponsored by Democrat Assemblywoman Daniele Monroe-Moreno, AB310 requires the Housing Division to develop and implement a supportive housing grant program. The program must include a process for applying for a grant to:
procure and develop supportive housing;
train and build the capacity of a supportive housing partnership;
fund the operation of a supportive housing partnership; and
analyze the progress of supportive housing in this State.
The bill would create the Nevada Supportive Housing Development Fund in the State Treasury and provide that the money in the Fund must be used to carry out the program. It passed out of the Assembly 42-0 and the Senate 20-1 and was approved by the the Governor. Effective January 1, 2024.
AB327: Revises provisions governing real property. (FAILED)
Sponsored by Democrat Assemblywoman Venicia Considine, AB327 would have created a new permit for "landlord property managers." It would have required a property owner with five or more units who manages his/her own property to obtain said permit. The Real Estate Division has filed a fiscal note that shows an impact of $233,578 in loss for the Division should this pass. It was heard in the Assembly Commerce and Labor Committee but not voted out.
AB340: Revises provisions governing certain actions and proceedings relating to real property. (VETOED)
Sponsored by Democrat Assemblywoman Shondra Summers-Armstrong, AB340 would have repealed the summary eviction procedures prescribed by existing law. It would have replaced it with a different process for tenants who default on rent and those who are guilty of unlawful detainer for reasons other than default on rent. The bill would have had the landlord file with the court first, rather than have the tenant file first in response to the notice from the landlord. AB340 passed out of the Assembly 28-14 and out of the Senate 13-7-1E. It was vetoed by the Governor.
Sponsored by Democrat Assemblywoman Clara Thomas, AB362 would have prohibited a landlord (with certain exceptions) from increasing the rent during the first year of tenancy, and during any 12-month period by an amount over the cost of living increase. It would also have prohibited a landlord (with certain exceptions) to charge a prospective tenant:
if there was an existing tenant, a rent that exceeds the maximum amount the landlord would be allowed to charge the existing tenant,
if there wasn't an existing tenant, a rent that exceeds an amount for which the unit was advertised
If a landlord violated those provisions, the tenant would have been able to:
apply to the court for relief
withhold any rent that becomes due without incurring late fees, charges for notice or any other charge or authorized fee
recover actual damages and receive an amount equal to three months' rent in addition to such damages
In addition, the bill would have increased the amount of time a landlord has to serve a written notice of rent increase from 60 days to 90 days for tenancy of one month or more. If that increase exceeded the cost of living increase, the notice would have had to include the reason why the landlord was exempt from the cost of living limit. AB362 did not receive a hearing.
AB392: Makes various changes relating to property. (FAILED)
Sponsored by Republican Assemblywoman Heidi Kasama, AB392 would have banned the practice of 40-year listing agreements and would have clarified property management agency. NVR and the Nevada Land Title Association (NLTA) helped present the bill alongside the sponsor and provided a number of examples of how those 40-year listing agreements are harming the public; the committee members were visibly upset by the practice. It passed out of the Assembly 40-0-2 (2 excused), and passed out of the Senate Commerce and Labor Committee, but no vote was taken in the Senate. This seemed to have been a political issue rather than a policy issue. Thankfully, the policy piece was inserted into another bill, SB355, in conference committee. SB355 was approved by the Governor. The section pertaining to the 40-year agreements is effective June 15, 2023.
AB396: Makes appropriations to Clark County and the Cities of Reno and Sparks for programs for rental assistance to certain persons. (PASSED)
Sponsored by the Assembly Ways and Means Committee, AB396 makes an appropriation of $12M over the next biennium to Clark County, $3M to Reno, $3M to Sparks for programs for rental assistance to:
persons who are elderly,
persons with disability, and
families or persons facing an unanticipated emergency
It passed out of the Assembly 36-6 and out of the Senate 21-0. It was approved by the Governor. Effective July 1, 2023.
AB416: Provides an exemption from property taxation for accessory dwelling units leased to certain tenants. (FAILED)
Sponsored by Democrat Assemblywoman Shondra Summers-Armstrong, AB416 would have provided an exemption from property taxation for accessory dwelling units leased to tenants receiving assistance under the Housing Choice Voucher Program (Section 8). The lease would have had to be a minimum of 12 consecutive months. It passed out of the Assembly Revenue Committee and rereferred to the Assembly Ways and Means Committee. It did not receive a hearing in the Assembly Ways and Means Committee.
AB429: Revises provisions relating to aviation. (FAILED)
Sponsored by Republican Assemblyman Bert Gurr, AB429 would have changed the composition of the Nevada Air Service Development Commission. It also would have made an appropriation from the State General Fund to the Nevada Air Service Development Fund for the purpose of conducting a study of the development of intrastate air service and for the purpose of making grants of money to an air carrier that will service or provide enhanced air service routes to certain airports. The bill passed out of the Assembly Revenue Committee, rereferred to the Assembly Ways and Means Committee, where it was heard, but not voted out of committee.
AB438: Prohibits title insurers, title agents, escrow officers and certain real estate professionals from engaging in certain conduct. (FAILED)
Sponsored by the Assembly Commerce and Labor Committee, AB438 would have prohibited a title insurer, title agent or escrow officer, with certain exceptions, from:
producing any advertisement for a real estate facilitator or paying any portion of the costs of any advertising or marketing engaged in by a real estate facilitator;
paying any portion of the ordinary business costs of a real estate facilitator; or
leasing or using office space in the office of a real estate facilitator or otherwise sharing office space with a real estate facilitator
It would have authorized the Commissioner of Insurance to impose an administrative fine for a violation of the prohibitions and to suspend or revoke the license of an escrow officer who commits such a violation.
The bill also would have prohibited a real estate broker, real estate broker-salesperson, real estate salesperson or owner-developer from:
soliciting or accepting certain payments for advertising or ordinary business costs from a title insurer, title agent or escrow officer; or
leasing or using office space in the office of a title insurer, title agent or escrow officer or otherwise sharing office space with a title insurer, title agent or escrow officer
It would have authorized the Commission to impose an administrative fine for a violation of the prohibitions and to suspend or revoke the license or registration of a real estate broker, real estate broker-salesperson, real estate salesperson or owner-developer who commits such a violation.
It was not heard in the Assembly Commerce and Labor Committee, but we expect to be approached in the interim to discuss this issue, along with title representatives.
AB448: Revises provisions governing the real property transfer tax (RPTT). (PASSED)
Sponsored by Democrat Speaker Steve Yeager, AB448 seeked to address a loophole in existing law that provides that certain transfers are exempt from RPTT, including, without limitation, transfers between certain affiliated business entities. This bill provides that this exemption does not apply if a transfer of real property is made to a business entity formed for the purpose of evading the RPTT. It passed out of the Assembly and the Senate unanimously and was Approved by the Governor. Effective June 15, 2023.
AB449: Authorizes a credit or refund of property taxes under certain circumstances when an applicable partial abatement of taxes was not applied or claimed. (FAILED)
Sponsored by Republican Assemblywoman Danielle Gallant, AB449 would have expanded the treasurer's authority to make a correction to the tax roll and issue such a credit or refund to a taxpayer if the assessor notifies the treasurer that the taxpayer is entitled to that partial abatement for the immediately preceding fiscal year; and would have removed the requirement to establish good cause for such a correction. That would have been an extension of what is currently in existing law, that stipulates that if the county assessor notifies the county treasurer that a taxpayer is entitled to the partial abatement for a single-family residence that is the primary residence of the owner, but that the taxpayer failed to claim that partial abatement within the required period for good cause, the treasurer is authorized, with the concurrence of the assessor and without the approval of the board of county commissioners, to provide a credit or refund to the taxpayer, as the treasurer deems appropriate. It passed out of the Assembly 41-1 but was not heard in the Senate Finance Committee.
AB528: Establishes a program to provide matching funds to certain qualified projects related to the prevention of homelessness and provision of assistance to persons who are experiencing homelessness. (PASSED)
Sponsored by Democrat Speaker Steve Yeager, AB528 creates a program to provide matching funds up to $100,000,000 to qualified projects that are facilities to provide support services to individuals and families experiencing homelessness or at risk of becoming homeless. It passed out of the Assembly 40-1-1E and out of the Senate 19-2 and was approved by the Governor. Effective June 15, 2023.
AJR7: Proposes to amend the Nevada Constitution to revise certain provisions relating to property taxes. (FAILED)
Sponsored by Democrat Assemblywoman Natha Anderson, AJR7 would have provided that, for the first fiscal year after real property is sold or transferred, the real property is ineligible for any adjustment to the value of improvements on the real property which is based on the age of the improvement (depreciation) and for certain partial abatements (tax caps). It would have required the Legislature to enact by law a program to provide assistance to Nevada residents who are 62 years of age or older or persons who are disabled by paying such persons refunds of the property taxes imposed on their primary residences. Because this was a proposed change to the Constitution, it would have needed to pass in 2023 and 2025 before going to the voters in 2026. It was not heard in the Assembly Revenue Committee.
SB68: Establishes programs to provide certain assistance relating to housing. (FAILED)
Sponsored by the Senate Revenue Committee, SB68 would have created a Critical Needs Fund that would be administered by local housing authorities. The money would have been used to provide assistance for very low income housing, supportive housing and supportive services. In its initial form, the bill would have increased the real estate transfer tax (RPTT) by $0.20 per $500 of value — it was amended instead to redirect $0.15 per $500 to the Fund from the existing RPTT. It was heard in the Senate Revenue Committee, where NVR testified in opposition, and rerefered to the Senate Finance Committee, where it never received a hearing.
SB78: Makes various changes relating to property. (VETOED)
Sponsored by Democrat Senator Fabian Doñate, SB78 would have provided for a grace period for payment of rent and required fees, fines and costs disclosure. It would have restricted landlords to accepting a single application fee for a prospective tenant, and would only have been able to process another application if the first one was denied. It would have allowed for reasonable administrative costs. A proposed amendment addressed a lot of concerns and excluded manufactured housing. The amendment added provisions mirroring those of AB298, minus the rent control for vulnerable populations. It passed out of the Senate 14-7 and out of the Assembly 28-14. It was vetoed by the Governor.
SB96: Revises provisions relating to taxation. (FAILED)
Sponsored by the Senate Revenue Committee, SB96 would have altered the way the secondary formulas for the tax cap are calculated. There is currently a cap on increases, but not on decreases — if the value decreases 20%, the tax decreases 20% — then when the property appreciates, the tax cannot increase by more than 3% or 8% until it catches up to the current tax assessment, which could take years. This was a local government funding issue, and was proposed unsuccessfully in 2021. It was heard in the Senate Revenue Committee, put was not voted out.
SB143: Revises provisions relating to discrimination in housing. (FAILED)
Sponsored by Democrat Senator Dina Neal, SB143 would have prevented a landlord from:
inquiring into the arrest record, conviction record or record of criminal history of an applicant or tenant;
refusing to rent or lease, or refusing to negotiate to rent or lease, a dwelling to an applicant on the basis of the applicant's arrest record, conviction record or record of criminal history;
making, printing or publishing any notice, statement or advertisement relating to the rental or lease which indicates a preference based on the arrest record, conviction record or record of criminal history of an applicant;
evicting a tenant from a dwelling on the basis of his/her arrest record, conviction record or record of criminal history for a misdemeanor offense, unless the offense occurred on the premises of the dwelling.
Exceptions would have been for violent or sexual offenses in Nevada or other jurisdictions in the last five years, or if the rental is made available by a housing authority that has adopted using such offenses as a basis for denying rental of public housing. It passed out of the Senate 14-7, and was heard in the Assembly Government Affairs Committee but never voted out.
SB145: Revises provisions related to employee misclassification. (PASSED)
Sponsored by Democrat Senator Robert Lange, SB145 was created with recommendations from the Task Force on Employee Misclassification. It does not change the current criteria for independent contractors, increases some administrative penalties for misclassification, and eliminates the Task Force. It passed out of the Senate 18-0-3E, out of the Assembly 42-0 and was approved by the Governor. Effective July 1, 2023.
Sponsored by Republican Senator Scott Hammond, SB174 would have eliminated an exemption in existing law, where a community manager is exempt from the requirement to be licensed as a collection agency if the community manager collects debts, or contracts with a collection agency to collect debts, included in the association's lien. NVR testified in support in the Senate Judiciary Committee, but the bill was not brought forward for a vote of the full body.
Sponsored by Democrat Senator Pat Spearman, SB175 would have prohibited a non-judicial foreclosure sale for HOA liens if the unit's owner, his/her successor in interest, or a household member of such person, is a veteran, senior citizen or person with a disability. It would have required an association to make all repairs to common elements and security walls as soon as possible after the association becomes aware that the repair is necessary (removing “within a reasonable length of time”). It also would have reduced the percentage of votes required to terminate an HOA from 80% to 60%. It was heard in the Senate Judiciary Committee but was not voted out.
SB184: Revises the Charter of the City of North Las Vegas. (FAILED)
Sponsored by Democrat Senator Pat Spearman, SB184 would have changed the city charter to add two wards, going from four wards to six wards, and therefore adding two city council members. This would have grown the city council from the current five (mayor and four council members) to seven. It would have required the city manager to prepare a diversity study to determine the number of employees of each of the offices who are in managerial positions and are women, veterans or members of a minority group and would have required a supplier diversity program to ensure that businesses located in the city that are owned by women, veterans or a member of a minority group are made aware of the city's advertisement for bids or requests for proposals. The bill would have required that the city manager, chief financial officer, assistant city managers or assistant chief of staff be residents of the city no later than six months after the date of appointment and remain a resident while in office. SB184 passed out of the Senate 13-8 on a party line vote. It was heard in the Assembly Government Affairs Committee, but not voted out.
SB198: Revises provisions relating to the trimming and removal of certain trees located on residential property. (FAILED)
Sponsored by Republican Senator Scott Hammond, SB198 would have allowed a property owner to trim any branches of a tree located on an adjacent property which extends into his/her property back to the property line. It would also have allowed a property owner to enter an adjacent property to remove the tree if:
any part of the trunk or branches which cannot safely be trimmed extend info his/her property, and
the tree owner fails to remove the tree within a reasonable time after getting written notice.
The bill would have made the tree owner civilly liable for the costs of trimming the branches or removing the tree if the tree owner failed to trim the branches or tree within a reasonable time after having been provided written notice. It was not heard in the Senate Judiciary Committee.
SB288: Revises provisions relating to real estate. (FAILED)
Sponsored by Republican Senator Scott Hammond, SB288 would have changed the source of funding for the Real Estate Division (RED) from a general fund budget to a fee-based budget. It would have helped RED to provide services to its licensees, modernize its systems and restore the level of service that it used to provide but had to cut back due to cuts to its budget allocation. The bill did not receive a hearing in Senate Commerce and Labor.
SB335: Revises provisions regarding real property. (VETOED)
Sponsored by Democrat Senator James Ohrenschall, SB335 started as a summary eviction bill, but was gutted to focus on an eviction diversion program. It resembled AB486 (2021) that is set to expire, but would have had a much more limited scope. It passed out of the Senate 12-9, with Senator Daly the lone Democrat in opposition. It passed the Assembly 17-14-1E and was vetoed by the Governor.
SB368: Revises provisions relating to real property. (PASSED)
Sponsored by Democrat Senator Dallas Harris, SB368 prescribes a procedure for removing a discriminatory restriction or prohibition from a written instrument relating to real property. Through the procedure, the bill requires the county recorder to:
redact from the written instrument any language identified in the court order;
record and index the restrictive covenant modification document and restrictive covenant modification form; and
retain the original written instrument as a public record for historical purposes.
It provides for appropriations to UNLV and UNR to pay costs associated with:
identifying, locating and mapping certain real property subject to a discriminatory restriction or prohibition;
removing discriminatory restrictions or prohibitions from written instruments using the procedure prescribed;
documenting certain information; and
providing education or outreach concerning the procedure prescribed
SB368 passed the Senate 21-0 and the Assembly 38-4. It was approved by the Governor. Various effective dates depending on section: June 14, 2023, July 1, 2023, and October 1, 2023.
SB371: Revises provisions governing local governments. (VETOED)
Sponsored by the Senate Government Affairs Committee, SB371 would have weakened the state’s Dillon's rule status (where local governments must have express permission from the state government) to more of a home rule state (where local governments may enact anything that is not expressly prohibited by state law). It would have authorized local governments, except as expressly prohibited by statute, to enact any ordinance or measure relating to affordable housing, including, without limitation, rent control. NVR testified in opposition at the Senate Government Affairs Committee hearing, but it passed out of the committee nonetheless, and passed out of the Senate 12-9, with Senator Skip Daly the lone Democrat to vote against it. The bill passed out of the Assembly 26-14-2E, and was vetoed by the Governor.
SB381: Prohibits a landlord from requiring a tenant to pay certain charges. (PASSED)
Sponsored by Democrat Senator Dallas Harris, SB381 prohibits a landlord from requiring a tenant to pay any fee for the performance of any repairs, maintenance tasks or other work for which the landlord has a duty to perform to maintain the habitability of the dwelling unit. The bill provides an exception from that prohibition for a condition caused by a deliberate or negligent act or omission by the tenant. It passed the Senate and the Assembly unanimously and was approved by the Governor. Effective July 1, 2023.
SB395: Revises provisions relating to real property. (VETOED)
Sponsored by Democrat Senator Dina Neal, SB395 would have limited the total aggregate number of units of residential real property that may be purchased in any 1 calendar year by corporations, LLCs and any affiliates of such entities must not exceed 1,000 units. It would have required a corporation, LLC or any affiliate of such an entity to register with the Securities Division before purchasing any residential real property. The term “corporation” would not have included a family trust company or a housing authority. It passed the Senate 14-6-1E and the Assembly 28-14. It was vetoed by the Governor.
Sponsored by Democrat Senator Pat Spearman, SB426 would have prohibited, with certain exceptions, a landlord from increasing the rent of an existing tenant during the first year of a tenancy and in any 12-month period by an amount that exceeds the cost-of-living increase, which due to another section of the bill would have been capped at 5%. It would have prohibited, with certain exceptions, a landlord from charging a prospective tenant a rent that exceeds the maximum amount the landlord was authorized to charge the existing tenant; and if there was not an existing tenant, a rent that exceeds the amount for which the dwelling unit was advertised. The bill would have been able to apply to the Housing Division for an exemption to the cost-of-living increase if:
an additional occupant is residing in the dwelling unit;
the landlord makes capital improvements to a dwelling unit that primarily benefit the tenant;
the landlord changes the amount and quality of housing services attributable to the dwelling unit and included in the rental agreement;
the amount of property taxes owed by the landlord decreases or increases;
a landlord or tenant makes uninsured repairs; or
any other increase necessary to provide the landlord with a just and reasonable return pursuant to the United States Constitution.
If a landlord violated these requirements, the tenant would have been able to:
apply to the court for relief;
withhold any rent that becomes due without incurring late fees, charges for notice or any other charge or authorized fee; and
recover actual damages and receive an amount equal to 3 months' rent in addition to such actual damages.
SB426 was strongly supported by the Culinary. NVR testified in opposition. It passed out of the Senate Commerce and Labor Committee and was rereferred to the Senate Finance Committee, where it received a hearing but was not voted out.
Authorizes a credit or refund of property taxes under certain circumstances when an applicable partial abatement of taxes was not applied or claimed. (BDR 32-767)
Assembly • Jun 06, 2023: (No further action taken.)
Establishes a program to provide matching funds to certain qualified projects related to the prevention of homelessness and provision of assistance to persons who are experiencing homelessness. (BDR 18-1226)
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2023 Major Investors
Investments completed as of June 29, 2023. Pledges listed for those who have invested at least $500 as of the above date.
Teresa McKee (pledge) - PC (pledge) George Peek - PC (pledge) Linda Rheinberger (pledge) - PC (pledge) Brandon Roberts (pledge) Jack Woodcock (pledge) - PC (pledge)
Golden R ($5,000+)
Amy Allen - PC Nancy Anderson - PC (pledge) Lee Barrett Vandana Bhalla - PC (pledge) Denise Bremer - PC Diane Brown - PC (pledge) Joshua Campa - PC (pledge) Cheryl Delahanty - PC (pledge) Wendi DiVecchio - PC (pledge) Bob Hamrick - PC (pledge) Cheryl Henning - PC (pledge) Azim Jessa - PC (pledge) Heidi Kasama - PC (pledge) Erika Lamb - PC Keith Lynam (pledge) - PC (pledge) Stephanie Mangual - PC (pledge) Greg Martin - PC (pledge) Doug McIntyre - PC (pledge) Grant Meyer - PC (pledge) Merri Perry - PC Chris Plastiras - PC Devin Reiss - PC (pledge) Sarah Scattini - PC (pledge) Kevin Sigstad - PC Trevor Smith - PC (pledge) Brad Spires Robert Andy Stahl - PC (pledge) David R. Tina - PC (pledge) Judie Woods
Crystal R ($2,500+)
Mark Ashworth (pledge) Rosa Herwick Timothy Kiernan Soozi Jones Walker - PC (pledge) April LaBrie (pledge) - PC (pledge) Marissa Lostra - PC (pledge) Kaci Lynch (pledge) Elie Morris (pledge) Christopher Raynor Sara Sharkey (pledge) - PC (pledge) Amy Smith - PC (pledge)
Sterling R ($1,000+)
Amanda Alfaro Alisa Andrews Robert Bartshe - PC (pledge) Tamara Bawcom Victoria Blair Becky Blankenburg Steven Bohler Lori Bottari Paul Bottari Mary Jo Brummer Karyn Carlton Janet Carpenter John Carver (pledge) Leslie Carver (pledge) Betty Chan Teresa Chapman Claudia Duenas Jacqueline Dutt Pamela Fernandez Margaret Finel Larissa Gaccione (pledge) Robert Getto Stephanie Grant Molly Hamrick - PC (pledge) Denise Hallerbach Marina Jezzini (pledge) Blane Johnson Hattie Lanning-Breschini Garrett Lepire Deborah Logan Rosemary Loven (pledge) Kristin Lujan Shahri Masters Christopher McGarey Margie McIntyre Kendra Murray Stephanie Phillips Kahl Pluckhan Kathy Polkinghorne Deborah Primack Vincent Rossi Kellie Rubin Angelina Scarcelli Dusty Shipp Jessie Sorani Gabriella Spring Kaycee Summers Marcella Syme - PC (pledge) Katherine Tatro Chantel Tilley Thuy Tran Mercedes Twigger (pledge) Angeles Wanco Sandra Wakefield James Winer Geoffrey Zahler
Corporate Major Investors
Platinum Diamond R - Nevada REALTORS(r) Platinum Diamond R - Las Vegas REALTORS(r) Platinum R - Sierra Nevada REALTORS(r) Golden R - Incline Village of REALTORS(r) Golden R - Northern Nevada MLS Sterling R - Elko County REALTORS(r)
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