RAN November/December 2023

November/December 2023

Nevada’s New Legislative Landscape Business Regulation Beyond Party Lines

I

N THE POLITICAL LANDSCAPE OF NEVADA, THE 2023 LEGISLATIVE session marked a distinct departure from traditional partisan lines, particularly in the realm of business regulation. Historically, discussions around business in legislative sessions have often centered on the debate over tax increases, typically pitting Democrats against Republicans in a classic left-right divide.

However, this year’s session presented a new narrative, one where both parties not only engaged in regulating businesses but did so in a manner reflective of their respective ideologies. This shift represents a significant change, indicating that businesses in Nevada are now facing challenges from all political fronts.

One of the most notable examples of this new regulatory approach from the Republican side was Assembly Bill 320, sponsored by Republican

By Bryan Wachter

Bryan Wachter Jill Dickman. This bill, seen as catering to the interests of British aristocracy, aimed to rewrite the rules of the internet – a move not typically expected from a party that has historically positioned itself as an ally to the business sector. This legislation underscores a growing trend within the Republican ranks: a willingness to impose regulations, albeit in a manner that aligns with their political and ideological perspectives.

On the other side of the aisle, Senate Bill 76,

sponsored by Democrat Dina Neal sought to position Nevada as the most aggressive state in banning non-stick cookware and moisture-wicking clothing.

Neal, previously known for her thoughtful legislation, showed an increasingly interventionist approach by certain Democratic lawmakers, raising concerns among businesses about the growing regulatory pressures.

Democratic Speaker Steve Yeager emerged as a notable Continued on page 2

INSIDE PBM Reform for All Patient and Pharmacies in Nevada.....2 Industry Updates.....................4 A Tale of Nevada’s Two Presidential votes............5 Nevadans Expected to Spend $6.4 Billion this Holiday Season.................6 Bill Summaries.........................7 Pharmacy Bill Summaries.......9 Important 2024 Election Dates..........................9

Retail Association of Nevada • www.rannv.org

PBM Reform for All Patients and Pharmacies in Nevada

By Liz MacMenamin

I

N RECENT LEGISLATIVE SESSIONS, THE RETAIL ASSOCIATION of Nevada (RAN) has been actively engaging with elected officials to push for critical reforms in prescription benefit management (PBM).

These discussions are part of a broader initiative to address the significant and growing concerns regarding the role of PBMs in the healthcare system. The association is committed to collaborating with lawmakers during the

interim period to develop meaningful reform strategies. These strategies are aimed at curbing the practices of PBMs, which currently act as intermediaries between patients and their access to affordable, necessary medications.

The urgency of this issue is further underscored by the national efforts of the National Association of Chain Drug Stores. This organization is diligently working to achieve PBM reform on a federal level, particularly focusing on

Liz MacMenamin Medicare and Medicaid.

RAN believes that this reform is not just a national issue but also a state-level concern.

Therefore, it is imperative

that similar reforms be introduced and enacted in Nevada to ensure that all patients within the state have equitable access to life-saving medications.

One of the stark realities in this landscape is Nevada’s inaction in comparison to other states like California, which have already implemented PBM reforms. The absence of such measures in Nevada has left many patients struggling to afford their life-saving medications.

To address this gap, the association is planning Continued on next page

Beyond Party Lines Continued from page 1 figure for his empathetic and understanding approach towards businesses. In a political environment increasingly characterized by stringent regulatory measures, his approach demonstrated a nuanced understanding of the challenges faced by businesses and a willingness to engage in a constructive dialogue, traits that have been highly appreciated by the business sector.

This shift towards bipartisan regulation of businesses presents a new set of challenges 2

◆

for the business community in Nevada.

On one hand, it breaks down the traditional ally-adversary dynamics between political parties and businesses, offering opportunities for more balanced and comprehensive legislative outcomes. On the other hand, it also means that businesses now need to navigate a more complex political landscape where regulatory pressures can emerge from any direction.

The 2023 session’s departure from a singular focus on business taxes

to a broader spectrum of regulatory initiatives indicates a more holistic, albeit challenging, approach to business legislation. While this diversification of regulatory interests might reflect a maturing legislative process, it also places an additional burden on businesses to stay vigilant and engaged in a rapidly evolving political environment.

The 2023 Nevada legislative session was a watershed moment in the state’s political history with respect to business

regulation. As businesses adapt to this new reality, it becomes increasingly important for them to engage proactively with legislators from both parties, understand the shifting dynamics, and contribute constructively to the legislative process.

This engagement is crucial not only for safeguarding their interests but also for ensuring that the regulatory environment in Nevada remains conducive to growth and innovation.

www.rannv.org • Retail Association of Nevada

PBM Reform Continued from previous page a series of meetings and collaborative efforts with state officials. These efforts are aimed at bringing forth comprehensive reform proposals for consideration in the upcoming legislative session.

The role of PBMs in the healthcare system is complex and often detrimental to both patients and pharmacies.

PBMs exert considerable control over access to pharmacies and essential medications. This control often leads to inflated medication costs and restricted choices for consumers. Such practices are particularly harmful to patients and community pharmacies in underserved areas, where access to medication is already a challenge. PBMs contribute to this problem by driving up prices, limiting the

availability of certain medications, and creating conditions that force local pharmacies to close.

This situation also plays into the hands of health insurers, who benefit significantly from the operations of PBMs. Insurers like CIGNA, AETNA (CVS), and UNITED HEALTHCARE, which own and operate PBMs in Nevada, use these entities to enhance their bottom lines. This is achieved by pocketing savings that should rightfully go to patients and by reducing the range of healthcare and medication options available to them.

Saul Anuzis, president of the 60 Plus Association, has pointed out the unchecked power of PBMs. He highlighted how PBMs have been able to divert savings meant for

patients and dictate their choices of pharmacies and medication prices. This not only drives up the cost of prescription drugs but also limits the reimbursement rates for pharmacies. Such practices threaten the viability of pharmacies of all sizes and locations, further restricting access to essential care.

The issue with PBMs is not just their operational practices but also the way they influence healthcare policy. These entities, backed by powerful health insurers, are adept at lobbying and influencing political decisions. They use their substantial profits, derived from denying patients access to medications, to fund lobbyists who work to sway elected officials. Moreover, they invest heavily in political

campaigns, hoping to maintain legislative conditions that favor their continued operation in Nevada.

In light of these challenges, it is crucial for Nevada’s citizens to be proactive in the upcoming election cycle.

When candidates visit, it is important to question them about their stance on healthcare reform, particularly regarding P BM reform. Understanding their positions on this issue is vital for ensuring that future legislative actions align with the needs of all patients in Nevada. For those seeking further information about the impact of PBMs on individual and employee health, our office is open for inquiries and assistance.

Fun Facts About the Holiday Season

W

hile we take a break to be with friends and family this holiday season, we wanted to share some holiday facts from around the world. We wish you all a happy, healthy holiday season and new year. l A popular tradition in Japan is to eat KFC for Christmas. It is so popular, in fact, that orders must be placed two months in advance. l Rudolph the Red-Nosed Reindeer got his start as an advertising gimmick for Montgomery Ward in 1939. l Jingle Bells was originally a song about Thanksgiving, written in 1857. l More than 400,000 illnesses are caused by spoiled holiday leftovers. (OK, maybe this isn’t a fun fact.) l Kwanzaa is derived from the Swahili phrase Matunda ya Kwanza, which roughly translates as “first fruits of the harvest.” l There is no wrong way to spell Hanukkah, Hannuka, or Chanukah (the list goes on). Because there is no correct way to directly translate the Hebrew sounds to English, the word can be spelled a variety of different ways, each equally correct. l Hanukkah dishes are fried for a reason: people fry their food in oil for Hanukkah as a symbol of the miracle oil that burned for eight nights straight. l The abbreviation X in X-mas is not an abbreviation; it actually stands for “Chi,” meaning Christ in Greek.

◆3

Retail Association of Nevada • www.rannv.org

Industry Updates NRF OPPOSES NEW JOINT EMPLOYER RULES The National Retail Federation (NRF) has expressed strong opposition to the new rules issued by the National Labor Relations Board (NLRB) regarding the joint employer standard under the National Labor Relations Act (NLRA).

These rules expand the definition of a joint employer, potentially classifying a company as a joint employer even with only indirect or potential control over another company’s employees.

NRF Senior Vice President of Government Relations, David French, stated that these rules create ambiguity in employeremployee relationships, potentially hindering job growth and the principles of free enterprise. The retail industry heavily relies on contracting with third-party businesses for services such as distribution, shipping, and facilities maintenance, making a clear definition of joint employment crucial for the industry. NRF argues that the new standard is unclear, unnecessary, and detrimental to retail employers and their employees.

4

◆

RETAILERS FRUSTRATED WITH OVERZEALOUS OVERTIME PROPOSED RULE The Retail Industry Leaders Association (RILA) has submitted critical comments to the Department of Labor (DOL) regarding the proposed update to the nation’s overtime rules.

Evan Armstrong, RILA’s vice president for workforce, criticized the DOL’s approach as controversial and potentially unlawful, particularly concerning the substantial increase in the standard salary threshold for overtime from $684 to $1,059 per week and the inclusion of an auto-escalator clause. RILA argues that this clause is flawed, unprecedented, and exceeds DOL’s authority granted by Congress.

While acknowledging the necessity of periodic updates to the overtime threshold, RILA emphasizes the need for these changes to be thoroughly reviewed and vetted by affected stakeholders. The auto-escalator, according to RILA, removes the opportunity for employers to provide input on how increases will impact their workforce and wrongly assumes constant economic improvement.

RILA criticizes the DOL for

missing an opportunity to propose a reasonable increase that could have won support from the retail industry, accusing the department of trying to appease political allies rather than creating a viable policy. RILA urges the DOL to withdraw the auto-escalator and adopt a more reliable and tested methodology for setting salary threshold updates.

The association calls for a practical and reasonable increase to the salary thresholds, arguing that contentious rulemaking distracts retailers from building a skilled, innovative, and diverse workforce for the 21st century.

RETAILERS DETAIL CONCERNS W/ OSHA UNLIMITED WALKAROUND RULE The Retail Industry Leaders Association (RILA), as part of a multi-industry coalition, has submitted critical comments regarding OSHA’s proposal to amend the “Worker Walkaround Representative Designation Process” rule. The coalition argues that the proposal fails to demonstrate an improvement in worker safety, conflicts with existing laws like the National Labor Relations Act, is administratively unfeasible, and contains

constitutional issues. Evan Armstrong, RILA’s Vice President of Workforce, criticized the approach of the administration, suggesting it pursues politically motivated regulations that end up undermining the stakeholders they intend to help. A major concern is that the proposal could increase workplace injury risks by allowing virtually unlimited third-party access to workplaces without a clear process for OSHA inspectors to determine eligibility or for employers to raise objections. The coalition points out the potential dangers of allowing access to disgruntled former employees, individuals on strike, or relatives of injured or deceased employees, which could lead to disruptive or violent incidents. OSHA is currently in the process of reviewing these comments and is expected to publish a final rule in the first half of 2024.

FMI WELCOMES SENATE FINANCE COMMITTEE PASSAGE OF PBM REFORM LEGISLATION FMI – The Food Industry Association, has expressed appreciation to the U.S. Senate Finance Committee for passing the “Better Mental Health Continued on next page

www.rannv.org • Retail Association of Nevada

A Tale of Nevada’s Two GOP Presidential Votes

I

N FEBRUARY, NEVADA REPUBLICANS WILL HAVE TWO opportunities to vote for the GOP presidential nominee. This comes as a result of a law change by the Nevada Legislature to create a presidential primary to encourage more voter participation. The Nevada GOP chose to move forward separately with a

RAN Staff Report

caucus. This arrangement has sparked debates and raised questions about the implications of these contests in the national political landscape.

The Significance of the Caucus: Scheduled for February 8, 2024, the caucus holds paramount importance in terms of delegate allocation.

Delegates play a pivotal

role in determining the party’s nominee for the presidential election. In contrast, the state-run primary, set for February 6, is considered more of a symbolic victory, as it does not award any delegates.

Strategic DecisionMaking: Candidates participating in the primary or caucus make

strategic choices based on various factors. Those trailing in the polls and unlikely to secure delegates may opt for the primary, aiming to gain national momentum and claim a victory in Nevada.

Conversely, candidates who perceive alternative avenues to gain valuable assets, such as national attention or support, may choose the primary.

Continued on page 11

Industry Updates Continued from previous page

Care, Lower-Cost Drugs, and Extenders Act,” which targets anticompetitive practices of pharmacy benefits managers (PBMs) that adversely affect supermarket pharmacies.

The legislation, which builds upon the MEPA Act, is aimed at improving pharmacy access and promoting transparency in the drug supply chain.

However, FMI President and CEO Leslie G. Sarasin highlighted concerns, including the 2028 effective date being too late for immediate relief and the need for broader pharmacy reimbursement protections in Medicare.

FMI acknowledges the leadership of Senate Finance Committee

Chairman Ron Wyden and Ranking Member Mike Crapo and looks forward to working with the Senate to address these issues and push for the full consideration of the legislation.

NEW FMI HOLIDAY SEASON TRENDS SURVEY: GROCERY SHOPPERS EXHIBIT CAUTIOUS OPTIMISM AHEAD OF BUSY HOLIDAY MEALS SEASON According to FMI—The Food Industry Association’s U.S. Grocery Shopper Trends, Holiday Season report, despite concerns about high prices due to ongoing inflation, shoppers are optimistic

about their financial situations as they approach the holiday season. FMI President and CEO Leslie G. Sarasin notes that consumers are adapting to the economic climate by seeking deals, shopping at various stores, and cooking more at home, maintaining their excitement for the holidays while planning to “make do with less.” A significant trend is the rise of ‘hybrid’ meals, where shoppers combine homemade food with semi- or fully-prepared items from grocery stores, balancing convenience and affordability. Key findings include that 31% of shoppers are preparing more meals at home, with over half planning to

continue this trend into the next year. In contrast, 60% are eating out less, and only 14% plan to dine out more in 2024.

Interestingly, 20% are buying more groceries to manage expenses, with the average weekly spend currently at $155 per household. Despite these changes, over 80% of shoppers are excited for the holidays, with 18% planning larger celebrations than usual.

The report also reveals that 30% of shoppers plan to look for deals for holiday meals, 28% will shop at different grocers for the best deals, and more than half plan to eat and cook more at home in 2024. 

◆5

Retail Association of Nevada • www.rannv.org

Nevadans Expected to Spend $6.4 Billion this Holiday Season

STATEWIDE HOLIDAY SPENDING PROJECTED TO GROW BY 4 PERCENT

T

HE RETAIL ASSOCIATION OF NEVADA (RAN) FORECASTS consumer retail sales in Nevada to grow by 4 percent during the holiday shopping season this year to reach a record $6.4 billion. The traditional holiday shopping season spans November and December, and consumer spending figures exclude auto sales, restaurants and gasoline.

On the national level, holiday consumer spending is projected to increase between 3 percent and 4 percent, according to the National Retail Federation (NRF).

Consumers are once again expected to prioritize the holiday season and spend their hard-earned income on those important to them. At the same time, consumers are actively looking for ways to help stretch their budgets this year.

Roughly 62.0 percent of consumers indicated that targeting sales and promotions will be more important than ever

6

◆

this year. Another 36.0 percent of consumers said they would cut back in other areas of spending to cover the cost of holiday items. Other costcutting measures include purchasing gifts for fewer people (30.0 percent) and buying less for themselves (27.0 percent).

The holiday shopping season has begun to start earlier and earlier with each year. This year, 43.0 percent of shoppers indicated that they would be shopping before November.

Top reasons for getting an early start included having more time to spread out their budgets (60.0 percent), avoiding the stresses that come with last-minute shopping (46.0 percent) and avoiding crowds (45.0 percent).

Additionally, an estimated 70.0 percent of shoppers considered starting their shopping even earlier by targeting October sales events.

In general, consumers are

doing their yearly holiday shopping at the same traditional locations as years past.

The most popular shopping destination this year was online with 58.0 percent of consumers indicating they would do so. Other popular shopping destinations include department stores (49.0 percent), discount

stores (48.0 percent) and grocery stores and supermarkets (44.0 percent).

When it comes to gift selection, shoppers are generally planning to spend on the same categories as the prior year.

Gift cards remain the most popular gift as 55.0 percent of shoppers indicated that they would like to receive them. Other popular gifts include clothing or accessories (49.0 percent),

books, video games or other media (28.0 percent), and personal care and beauty items (25.0 percent). Additionally, 23.0 percent of shoppers are planning on giving the gift of experience this holiday season.

This year, the share of consumers who indicated that they would be shopping online is expected to rise to 58.0 percent. Nonstore retail sales, which include online retailers, have become an essential holiday shopping destination over the past few years. As of August 2023, Nevada’s non-store retail sales sat at an all-time high on a trailing 12-month basis at $6.1 billion, which was up 6.2 percent on the year.

RAN estimates that total non-store retail sales this holiday season could reach $1.5 billion, eclipsing last year’s record-setting $1.2 billion. 

www.rannv.org • Retail Association of Nevada

Bill Summaries • ASSEMBLY BILL 1 Taxation: Aimed to allow counties with under 15,000 population to impose a 0.25% local sales tax for solid waste management. RAN Position: Neutral. Status: Died due to missed deadline.

• ASSEMBLY BILL 14 Business Licensing: Proposed the formation of a Business Licensing Working Group to streamline the licensing process and assess IT systems for business licensing. RAN Position: Support. Status: Died due to missed deadline.

• ASSEMBLY BILL 40 Food Establishments: Modified food establishment permit laws, allowing for electronic communication and email use for inspection reports. RAN Position: Support. Status: Approved by the Governor.

• ASSEMBLY BILL 50 ORC: Granted the Attorney General authority to tackle organized retail crime, including crimes involving counterfeit goods. RAN Position: Support as amended. Status: Approved by the Governor.

• ASSEMBLY BILL 53 Tobacco: Enhanced enforcement against selling tobacco to underage customers by increasing civil penalties. RAN Position: Neutral. Status: Approved by the Governor.

• ASSEMBLY BILL 122 Tobacco: Created an exemption to age verification for tobacco sales in specific casino areas. RAN Position: Neutral. Status: Approved by the Governor.

• ASSEMBLY BILL 141 Workers’ Comp: Revised governance of self-insured employers in workers’ compensation, removing the need for a third-party administrator. RAN Position: Support. Status: Died due to missed deadline.

• ASSEMBLY BILL 144 Consumer Goods: Restricted the sale of certain fluorescent lamps, setting future prohibition dates. RAN Position: Neutral. Status: Vetoed by the Governor.

• ASSEMBLY BILL 163 Employment: Extended protections to employees who are victims of sexual assault, including leave and reasonable accommodations. RAN Position: Neutral. Status: Approved by the Governor.

• ASSEMBLY BILL 169 Labeling: Imposed labeling requirements on feminine hygiene products, mandating a list of all ingredients on packaging. RAN Position: Neutral. Status: Approved by the Governor.

• ASSEMBLY BILL 186 Food Establishments: Stipulated that food establishments cannot provide water to customers unless requested. RAN Position: Neutral. Status: Died due to missed deadline.

• ASSEMBLY BILL 232 Tobacco: Amended tax laws for tobacco products, particularly setting a tax range for premium cigars. RAN Position: Neutral. Status: Approved by the Governor.

• ASSEMBLY BILL 294 Tobacco: Covered various tobacco regulations including sales restrictions and cessation services. RAN Position: Oppose. Status: Died due to missed deadline.

• ASSEMBLY BILL 320 Consumer Data: Set requirements for online services aimed at children, including data protection and usage restrictions. RAN Position: Oppose. Status: Died due to missed deadline.

• ASSEMBLY BILL 321 Consumer Goods: Introduced regulations for manufacturing and sale of foil balloons, aligning with industry standards. RAN Position: Neutral. Status: Approved by the Governor.

• ASSEMBLY BILL 410 Workers’ Comp: Expanded compensable stress-related injuries for first responders under industrial insurance. RAN Position: Neutral. Status: Approved by the Governor.

• ASSEMBLY BILL 421 Consumer Data: Proposed a tax on consumer data collection by commercial entities.

RAN Position: Oppose. Status: Died due to missed deadline.

• ASSEMBLY BILL 441 Insurance: Suggested amendments to the Nevada Industrial Insurance Act, including changes to claims and appeals processes. RAN Position: Neutral. Status: Died due to missed deadline.

• ASSEMBLY BILL 455 Tobacco: Expanded laws on contraband tobacco, authorizing civil penalties for violations.

RAN Position: Neutral. Status: Approved by the Governor.

• ASSEMBLY BILL 466 Telecommunications: Clarified surcharge collection responsibilities for small-scale telecom providers to support a suicide prevention hotline. RAN Position: Neutral. Status: Died due to missed deadline.

• AJR5 State Lottery: Proposed a constitutional amendment to permit modern lotteries regulated by the Legislature. RAN Position: Neutral. Status: Passed and delivered to the Secretary of State.

• AJR6 Election: Suggested amending the constitution to join the National Popular Vote Compact for presidential elections. RAN Position: Neutral. Status: Passed and delivered to the Secretary of State.

Continued on page 8

◆7

Retail Association of Nevada • www.rannv.org

Bill Summaries Continued from page 7 • AJR8 Cannabis: Urged Congress to deschedule marijuana from the Controlled Substances Act. RAN Position: Neutral. Status: Passed and delivered to the Secretary of State.

• SENATE BILL 24 General Business: Proposed extending the Office of Small Business Advocacy’s existence and funding. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 29 Taxation: Suggested changes to interest payments on tax refunds, specifically prohibiting interest on over-collected taxes refunded. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 30 General Business: Addressed financial impairment in associations of self-insured employers, including remediation plans and insurance policies. RAN Position: Neutral. Status: Died due to missed deadline.

• SENATE BILL 50 Taxation: Modified tax exemption claim processes for Nevada National Guard members, shifting to a refund system. RAN Position: Support as amended. Status: Approved by the Governor.

• SENATE BILL 57 General Business: Enacted various amendments to Nevada’s insurance laws, covering a broad range of administrative and regulatory aspects. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 73 COVID: Aimed to amend civil liability laws for COVID-19 exposure, extending immunity to medical facilities and providers. RAN Position: Neutral. Status: Died due to missed deadline.

• SENATE BILL 76 Consumer Goods: Introduced regulations on the use of PFAS, prohibiting its use in certain consumer products and firefighting foam. RAN Position: Opposed. Status: Vetoed by the Governor.

• SENATE BILL 92 General Business: Established guidelines for regulating sidewalk food vendors in certain areas, including permit and ordinance requirements. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 130 State Government Operations: Proposed limiting the duration of state emergencies declared by the Governor, requiring legislative approval for extensions. RAN Position: Neutral. Status: Died due to missed deadline.

• SENATE BILL 147 Employment: Amended labor laws to cover employees on nonworking status, ensuring immediate payment of earned wages. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 156 Open Meeting Law: Added requirements for remote participation in public meetings during emergencies. RAN Position: Neutral. Status: Died due to missed deadline.

• SENATE BILL 161 SNAP: Required the Department of Health and Human Services to allow SNAP and WIC benefits for menstrual products. RAN Position: Support. Status: Approved by the Governor.

• SENATE BILL 226 Prevailing Wage: Focused on prevailing wage requirements in public works projects funded by public money, including compliance measures. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 233 Taxation: Introduced exemptions from personal property taxes for certain rental businesses, imposing a gross receipts tax instead. RAN Position: Neutral. Status: Died without 2/3rds majority vote.

• SENATE BILL 259 General Business: Proposed changes to winery laws, allowing additional sales and production capacities. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 274 Workers’ Comp: Made amendments to workers’ compensation laws, including benefit penalties and investigation procedures. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 290 General Business: Established regulations for earned wage access service providers, setting licensing and operational standards. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 305 General Business: Created the Nevada Employee Savings Trust to encourage retirement savings among private employees. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 341 Food Bank: Appropriated funds to food banks for purchasing and distributing food to those in need. RAN Position: Neutral. Status: Approved by the Governor.

• SENATE BILL 370 Consumer Data: Aimed to protect consumer health data with various privacy and security measures. RAN Position: Opposed with amendment. Status: Approved by the Governor.

• SENATE BILL 371 Affordable Housing: Granted local authorities power to enact affordable housing measures, including rent control. RAN Position: Neutral. Status: Vetoed by the Governor.

• SENATE BILL 396 Taxation: Proposed a tax on digital product sales and use, with rates varying by county. RAN Position: Support. Status: Died due to missed deadline.

Continued on page 11 8

◆

www.rannv.org • Retail Association of Nevada

Pharmacy Bill Summaries • SENATE BILL 4: Alters the Fund for a Healthy Nevada, extending its use for grants and subsidies for prescription drugs and other health benefits. It also modifies reporting requirements and ends direct subsidies for senior citizens and disabled persons. RAN’s stance: Neutral. Status: Approved by the Governor.

• SENATE BILL 131: Protects healthcare professionals providing reproductive health services from disciplinary actions and explores reciprocal licensing. It restricts the Governor’s power in extradition related to reproductive health offenses. RAN’s stance: Neutral. Status: Approved by the Governor.

• SENATE BILL 167: Prohibits step therapy protocols for psychiatric drugs by private insurers, employee insurance plans, and Medicaid, if deemed ineffective by a qualified practitioner. Non-compliance could lead to penalties. RAN’s stance: Neutral. Status: Approved by the Governor.

• SENATE BILL 183: Mandates DEA-registered collectors to install and maintain drug take-back bins for homegenerated pharmaceutical waste. It immunizes collectors from Board discipline except in cases of gross negligence or willful misconduct. RAN opposed due to corporate interests behind the bill. Status: Died due to missed deadline.

• SENATE BILL 194: Introduces a process for exemptions from step therapy protocols, demanding evidencebased guidelines for protocol development.

RAN’s stance: Support. Status: Approved by the Governor.

• SENATE BILL 201: Enables pharmacists to use any method for specimen collection and to order and perform relevant laboratory tests. Requires health plans to cover pharmacist services and prohibits prior authorization for these services. RAN’s stance: Support. Status: Died due to missed deadline.

• SENATE BILL 352: Focuses on pharmacy benefit managers, insurers, and contraceptive dispensing, including prohibiting prior authorization requirements for contraceptives. RAN’s stance: Neutral.

Status: Died due to missed deadline.

PRESIDENTIAL PREFERENCE • ASSEMBLY BILL 107: Codifies PRIMARY ELECTION FEBRUARY registration requirements for pharmacists working off-site and adjusts regulations for NEVADA REPUBLICAN out-of-state pharmacies serving Nevada PRESIDENTIAL CAUCUS FEBRUARY patients. RAN’s stance: Support. Status: Approved by the Governor.

CANDIDATE FILING BEGINS • ASSEMBLY BILL 250: Prohibits (CLOSES ON 3/15) MARCH reimbursement for drugs above a set maximum fair price, labeling violations as JUNE PRIMARY ELECTION deceptive trade practices. RAN opposed, (EARLY VOTING 5/25-6/7) JUNE highlighting potential negative impacts on pharmacies. Status: Vetoed by the Governor.

2024 GENERAL ELECTION • ASSEMBLY BILL 251: Removes the (EARLY VOTING 10/19-11/1) NOVEMBER language requirement for prescription labels, mandating information in Nevada’s ten most commonly spoken languages. RAN’s stance: Support as amended. Status: Vetoed by the Continued on page 11 Governor.

9

IMPORTANT DATES

2024 ELECTION 06

08

04 11 5

◆

Retail Association of Nevada • www.rannv.org

Important Information for SIG Members NRS requires all existing members of a self-insured group to be notified of all new members.

NRNSIG new members are listed below.

Appliance Repair Experts Inc • Black Mountain Aviation • LV Tickets 99 LLC • Soulful Seeds NRNSIG members who wish to register a negative vote on a new group member, please write NRNSIG at 575 S. Saliman Road, Carson City, NV 89701, indicating which member and the reason(s) for the negative vote.

“Workers’ comp that works for you” Retail Association of Nevada

Membership Information: Find out more about RAN’s self insured group. Call Pro Group, 800-859-3177, or the RAN office at 775-882-1700.

Don’t forget to check out our website, www.RANNV.org.

10

◆

www.rannv.org • Retail Association of Nevada

Bill Summaries Continued from page 8 • SENATE BILL 399 Licensing: Mandated the issuance of licenses by endorsement for certain professions, streamlining the licensing process. RAN Position: Neutral. Status: Died due to missed deadline.

• SENATE BILL 427 OSHA: Required workplace safety programs to include heat illness and air quality mitigation measures. RAN Position: Opposed. Status: Died due to missed deadline.

• SENATE BILL 436 Insurance: Related to service contract regulations, requiring annual reporting by the Commissioner of Insurance. RAN Position: Neutral as amended. Status: Approved by the Governor.

• SENATE BILL 465 Taxation: Allocated funds for a feasibility study on a real-time sales tax point-of-sale system.

RAN Position: Opposed. Status: Died due to missed deadline.

• SENATE BILL 496 Film Subsidy: Expanded tax credits for film production and established workforce development initiatives in the industry. RAN Position: Neutral. Status: Died due to missed deadline.

• SENATE BILL 502 Taxation: Amended the commerce tax and motor vehicle fuel excise tax laws, providing relief and funding for highway maintenance. RAN Position: Support. Status: Died due to missed deadline.

• SJR7 Reproductive Freedom: Proposed a constitutional amendment to guarantee reproductive freedom in Nevada. RAN Position: Neutral. Status: Passed and delivered to the Secretary of State.

Pharmacy Bill Summaries Continued from page 9 • ASSEMBLY BILL 434: Protects hospitals and pharmacies in the 340B Program from discriminatory practices by pharmacy benefit managers and health carriers. RAN’s stance: Support. Status: Approved by the Governor.

• ASSEMBLY BILL 440: Amends laws concerning pharmacy benefit managers, barring them from earning income beyond administrative fees and imposing fiduciary duties. RAN’s stance: Support. Status: Died due to missed deadline.

Two GOP Presidential Votes Continued from page 5 The Conflict and Controversy: The decision to hold both a caucus and a primary in Nevada stems from a conflict between the Nevada Republican Party and a 2021 state law mandating a primary.

While the Democratic Party has embraced the primary for 2024, the Nevada Republican Party insisted on conducting a caucus, asserting that it is the sole means for candidates to secure delegates. This decision has sparked controversy, with critics questioning the

transparency of the caucus system compared to a traditional primary.

Implications Beyond Nevada: As the first contest in the West, Nevada holds a significant position in the early nominating calendar.

Strong performance in Nevada can generate momentum and support before candidates move on to crucial states like South Carolina. Consequently, the outcomes of the Nevada contests can significantly shape the trajectory of the entire presidential race.

Challenges and Concerns: The dual system in Nevada has raised concerns regarding voter turnout and engagement.

The intricacies of the system, coupled with the division between the caucus and primary, have posed challenges for candidates in effectively allocating resources and engaging with voters.

Experts worry that the complexity of the system may confuse or discourage voters, potentially leading to lower participation.

Nevada’s dual primary and caucus system presents a complex landscape in the 2024 Republican presidential race. The distinction between the caucus and primary, strategic decisionmaking by candidates, and the potential impact on the nomination process have all contributed to the significance of this system in national politics. As the race unfolds, the outcomes in Nevada will undoubtedly shape the dynamics of the presidential campaign and influence the path to the Republican nomination. 

◆ 11

Retail Association of Nevada 410 South Minnesota Street Carson City, Nevada 89703-4272 Retail Association of Nevada

Nevada News Nevada News is published by the Retail Association of Nevada, a nonpartisan, nonprofit corporation founded in 1969 representing the Retail Community, the Chain Drug Council and the Grocery Industry Council.

Mary F. Lau President/CEO Bryan Wachter Senior Vice President Elizabeth MacMenamin Vice President of Government Affairs Piper Brown Vice President, Finance and Administration Megan Bedera Editor Sue Arzillo, Alphabet Soup Inc. Newsletter Design & Layout

HAPPY

From all of us at the Retail Association of Nevada

PRESORTED STANDARD U.S. POSTAGE PAID RENO, NV PERMIT NO. 931