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From YouTube: 3/30/2021 - Senate Committee on Commerce and Labor
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A
E
F
A
A
I'd
like
to
take
a
moment
to
go
over
some
basic
housekeeping
items,
the
legislative
legislative
building
is
closed,
as
you
know,
as
a
safety
precaution
against
the
spread
of
the
infection
rate
of
covet
19..
So
the
public
is
not
here,
but
all
committee
members
staff
and
everyone
else
will
be
participating
either
through
zoom,
your
conference
or
by
telephone.
A
A
During
the
meeting
submitting
any
written
comment
to
the
committee,
email
address
or
fax
numbers
listed
on
the
agenda,
you
may
share
your
opinion
via
the
legislature's
opinion,
application
on
nellis
or
by
viewing
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meetings
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You'll
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you'll
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and
meeting
id
to
call
at
the
time
of
the
meeting.
A
That's
why
when
we
get
to
the
testimony
period,
I
always
ask
people
if
someone
has
already
said
what
you
want
to
say
just
say
ditto,
and
that
allows
us
to
get
more
comments
on
the
record
I'll,
announce
the
time
frame
for
each
segment
and
that
is
for
against
and
neutral
at
the
beginning,
and
would
hope
that
you
all
would
abide
by
those
time
limits
when
you're
on
the
phone
line.
Please
pay
attention.
A
A
Detailed
instructions
for
participating
in
committee
meetings
are
also
available
on
the
help
page,
which
is
linked
in
the
banner
at
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top
of
every
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on
nellis.
So
if
you
need
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assistance
with
any
of
these
processes
or
if
you
would
like
to
receive
electronic
notification
of
the
committee's
agenda
and
minutes,
please
contact
our
committee
staff
with
email
list
on
the
agenda.
A
Exhibits
for
the
committee
must
be
submitted
in
electronic
format.
No
later
than
eight
o'clock
am
the
day
before
the
meeting
to
our
committee
staff
contact
may
be
found
on
the
committee
page
on
nellis.
In
addition,
any
person
proposing
an
amendment
to
a
bill
being
heard
by
the
committee
must
first
talk
to
the
sponsor.
A
I
will
not
entertain
any
amendments
if
the
bill
sponsor
is
not
aware
of
the
amendment.
The
proposed
amendment
must
be
submitted
in
writing
24
hours
prior
to
the
meeting.
So
please
include
the
bill
number
statement
of
intent
and
your
contact
information
when
you're
testifying.
Please
remember
to
unmute
your
microphone
and
clearly
state
your
name
and
the
entity
you
represent
at
the
beginning
of
your
testimony,
speak
clearly
and
please
protect
your
voice.
A
The
committee
members,
during
these
virtual
meetings,
when
an
agenda
item
is
called
for,
we
will
do
a
roll
call
vote
when
the
committee
secretary
calls
your
name,
please
answer
with
a
yes
or
no
to
avoid
any
confusion.
Also,
I
think
by
now
we
are
all
familiar
with
the
raise
your
hand
button
on
the
zoom
link.
So
if
you
want
to
ask
a
question
or
need
for
clarification,
if
you
will
do
that,
I
will
make
sure
once
I
see
your
hand
I'll
make
sure
to
call
on
you.
A
Additionally,
we're
approaching
the
first
house
committee
passage
deadline,
which
is
april,
the
9th
I
urge
all
those
presenting
or
who
have
presented
a
bill
in
this
committee
to
finalize
any
amendments
as
soon
as
possible
and,
finally,
all
amen.
All
exhibits
received
prior
to
the
meeting
will
be
available
on
nellis
online.
A
If
we
have
some
additional
time,
if
we
can
pick
up
some
minutes
during
these
meetings,
then
I
can
have
an
opportunity
to
put
maybe
one
or
two
bills
on
the
agenda.
So
please
be
aware
that
we're
not
trying
to
excuse
me
expedite
to
the
point
of
people,
not
understanding
or
not
getting
pertinent
information
on
the
record.
A
But
if
there
are
some
things
that
you
can
ask
offline
to
help
us
make
up
some
time,
I'm
sure
that
that
would
be
appreciated,
not
only
by
me
but
by
some
of
the
people
whose
bills
we
have
not
been
able
to
schedule
yet,
and
so
with
that
I'll
open.
The
hearing
on
senate
bill
314
vice
chair,
neil
brian
walker
and
alexandria
dazlich,
and
I
hope
I
pronounced
the
name
correctly.
This
provides
for
the
regulation
of
high
volume
marketplace
sellers
vice
chair
neil
proceed
when
you
are
ready,
good.
E
Morning,
chair
spearman,
thank
you
for
allowing
me
to
be
here
this
morning
as
I'm
on
the
committee
to
present
sve
314.
E
E
E
This
committee
is
very
esteemed
if
you
understand
products,
product
liability,
which
has
been
around
for
a
really
long
time
in
a
brick
and
mortar
store.
Typically,
there
is
a
chain
of
custody
for
the
good
that
goes
from
the
wholesaler
to
the
producer,
all
the
way
to
the
retailer
in
this
particular
environment,
with
an
organized
retail
theft.
We
don't
have
that
same
kind
of
chain
of
custody
around
the
good
and
so
the
it
leaves
the
consumer
in
the
dark
in
regards
to
who
is
selling
them
the
good
that
was
stolen.
E
E
I
looked
at
the
most
recent
data
and
in
2020
about
13
percent
of
the
organized
theft
was
allergy.
Medication,
13
were
pain,
relievers,
and
so,
when
you
think
about
what
a
what
a
thief
may
do
in
order
to
take
the
labeling
off
the
original
packaging
and
then
sell
it,
you
could
end
up
with
instructions.
That
may
not
be
what
you
properly
need
to
do.
In
order
to
take
that
medication,
you
could
give
that
medication
to
your
children.
E
In
addition,
it
is
just
creates
a
risk
of
harm
within
the
consumer
environment,
and
so
I
wanted
to
when
I
was
approached
to
bring
this
bill.
I
was
very
happy
to
do
it
because
I
am
very
interested
in
protecting
consumers
and
when
we
think
about
this
bill,
we
need
to
think
about
this
bill
in
two
ways.
E
Yes,
it
protects
retail,
but
it
also
protects
the
consumer
who
is
who
should
know
who
is
selling
them
a
good
and
who
should
be
a
part
of
a
chain
of
custody
of
a
product
so
that
they
understand
exactly
who
they
got
this
product
from
this
bill
is
about
transparency,
nothing
more
than
that,
and
I
think
it's
a
good
first
step
for
nevada
to
move
in
this
space,
where
the
federal
government
is
already
focused
on
organized
retail
theft.
So
with
that
being
said,
I
will
turn
the
presentation
over
to
brian
wachter
of
the
retail
association.
C
C
C
Thank
you.
I
apologize.
Thank
you,
so
I
appreciate
the
introduction
from
the
the
vice
chair
regarding
senate
bill.
314,
counterfeiting
and
theft
is
a
growing
threat.
It
has
always
been
with
us,
but
with
the
onvent
of
ontario.
F
F
Okay,
mr
walker.
We
can
see
it
now.
If
you
can,
can
you
full
full
screen
the
powerpoint
for
us?
Please.
C
I
apologize
thank
you
broadcasting
and
I
I
apologize
madam
chair.
I
wanted
to
say
that
counterfeiting
and
theft
is
a
growing
threat.
It's
something
that
we've
seen
increase
a
lot,
especially
as
more
and
more
folks
are
buying
things
on
the
internet.
Covid
certainly
increased
that
there
was
a
huge
transition
to
digital
and
online,
and
so
this
is
something
that
we
feel
has
reached
a
critical
mass.
To
that
end,
there
was
a
federal
bill
introduced
last
week.
It
was
a
bipartisan
bill
from
senators.
Mr.
C
F
Thank
you
senator
hardy.
We
just
have
to
make
sure
that
the
powerpoint
is
being
is
able
to
go
through
to
the
broadcast,
so
the
public
can
see
it.
C
C
Thank
you
we'll
go
ahead
and
skip
that
side,
so
fb
314
we're
really
looking
at
the
issues
of
consumer
protection,
creating
parity
for
nevada
businesses,
those
who
are
online
and
offline,
as
well
as
small
and
large,
and
then
dealing
with
trying
to
find
a
way
to
stop
the
funding
of
criminal
enterprises.
C
I
think
it's
important
to
know
what
is
organized
retail
crime
and
we
have
a
definition.
It
involves
the
association
of
two
or
more
people,
what
it
isn't.
It's,
not
stealing
for
personal
use,
it's
not
petty
larceny.
These
are
highly
sophisticated
criminal
activities
and
these
are
criminal
rings.
They
know
exactly
where
to
hit
what
to
do
they're,
both
domestically
and
internationally
recognized,
and
they
end
up
funding
a
lot
of
their
activity
through
counterfeit
and
stolen
merchandise.
C
C
Three
percent
of
our
annual
gdp-
and
this
is
according
to
the
fbi
in
2019
nrf-
found
that
97
of
retailers
experienced
organized
retail
crime
and
retail
shrink,
which
is
the
difference
between
your
booked
inventory
and
your
actual
inventory
reached
60
billion
dollars
and
the
senator
is
absolutely
right.
30
billion
of
that
is
a
charitable
directly
to
organize
retail
crime.
C
Counterfeit
goods
being
a
half
a
trillion
dollar
industry
are
something
we
really
need
to
focus
on.
What
is
at
the
root
here
is
we're
talking
about
stolen
intellectual
property.
This
could
be
music
digital.
It
could
be
handbags,
it
could
be
at
a
lot
of
times.
It
is
children's
equipment,
safety
equipment,
prescription,
drugs.
C
In
fact,
clothing,
footwear,
watches,
handbags,
toys,
consumer
electronics
and
media
are
all
things
that
are
commonly
counterfeited
in
the
united
states.
Coming
in
what
this
means
is
that
you
have
a
larger
geographical
reach
for
those
who
are
trying
to
find
new
products
to
counterfeit
a
company
who
might
be
small
who's
trying
to
break
into
a
local
market
might
put
their
product
online
as
they're,
trying
to
grow
and
scale
that
business
a
criminal
enterprise
takes
that
product
manufactures
it
in
china
or
in
a
different
company
or
a
country
does
so
without
following
safety
standards.
C
They
do
so
without
the
proper
regulations,
without
the
proper
certificates
and
new
and
improved
manufacturing
is
making
that
very
cheap
and
easy
to
do
especially
3d
printing,
where
you
don't
have
to
have
special
equipment
to
get
some
of
this
done.
All
of
that
is
making
it
so
that
it
is
very
easy
and
much
more
broad
for
companies
and
illegal
criminal
enterprises
to
be
stealing
this
intellectual
property.
C
The
top
items
stolen
by
gangs
you're
really
looking
at
designer
clothes
deodorant
infant
formula,
is
a
very
large
one
and
it
especially
has
to
be
stored
and
kept
in
in
very
specific
circumstances,
and
so,
when
it's
not
stored
that
way,
it
can
become
very
dangerous,
and
so
a
lot
of
these
products
have
huge
safety
liabilities
for
our
consumers
in
the
brick
and
mortar
world.
We
are
liable
for
those
products
in
the
online
world.
That
is
not
the
case.
C
Counterfeit
goods
have
a
huge
effect
on
consumers,
a
few
examples
from
the
department
of
homeland
security,
counterfeit
airbags
and
their
components.
Obviously,
that
is
a
huge
security
risk.
Counterfeit
batteries.
We
all
have
heard
stories
of
batteries,
blowing
up
exploding
or
catching
fire.
This
is
largely
because
they
are
counterfeit
and
not
subject
to
our
our
health
and
safety
regulations.
C
Again,
baby
materials-
they
are
often
very
expensive.
Folks-
are
looking
to
be
price,
conscientious
when
they
are
expecting
or
have
a
new
one,
and
so
we
find
counterfeit
goods
scattered
throughout
children's
and
and
baby
items.
Prescription.
Drugs
are
a
very
large
one.
What
happens
here
is
they'll.
Take
an
active
ingredient,
say
fentanyl.
C
They
might
crush
that
up.
They
might
then
coat
other
medication
with
it
other
pills
with
it
and
then
attempt
to
resell
it
as
the
original
medication.
Obviously
huge
issues,
and
then
counterfeit
cosmetics
are
one
obviously
applied
to
the
skin
and
beauty
products.
Those
are
going
to
cause
lots
of
concern
to
consumers
when
we
get
to
stolen
goods
and
we're
talking
about
these
sophisticated
crime
organizations.
C
Some
of
you
who
have
been
with
us
in
the
legislature
last
session
heard
a
presentation
on
this
issue
as
well,
but
we
are
looking
at
folks
that
go
out
and
they
prey
upon
other
people
who
might
need
a
quick
buff
who
are
unemployed
for,
for
whatever
reason
they
get
these
groups
they
go
in
in
teams.
C
They
have
shopping
lists
based
on
what's
selling
online
based
what's
needed
in
a
market,
what
they
need
defense
to
other
areas,
they
cause
distractions.
They
have
lookouts
they're,
very
knowledgeable
about
our
theft
laws.
They
are
very
adept
at
staying
under
our
felony
thresholds,
making
sure
that
they're
not
opening
themselves
up
to
the
most
amount
of
legal
liability.
C
I
could
give
you
a
local
example.
Just
last
month
in
reno,
the
lulumon
stole
store
had
50
000
of
merchandise
covered
recovered,
I'm
sorry
by
a
california
organized
retail
crime
ring
when
they
were
recovered.
They
had
a
hundred
and
fifty
thousand
dollars
worth
of
merchandise
on
them
from
about
20
different
companies.
C
So
this
is
something
that
is
happening
in
nevada.
It's
happening
right
now,
and
it
has
a
lot
of
negative
consequences
for
our
stores
and
for
our
consumers.
C
Just
to
give
you
an
idea
of
what
we're
talking
about
and
how
sophisticated
that
we
are
are
looking
at.
We
aren't
talking
about
one
or
two
products.
We
are
talking
about
millions
of
dollars
worth
of
products,
and
so
I
want
to
show
you
a
video
from
a
california
police
department
raid
on
what
what
exactly
we're
talking
about.
When
we're
talking
about
these
fences
and
these
retail.
C
C
You're
going
to
see
that
a
lot
of
times
these
products
are
housed
in
houses
in
neighborhoods
in
suburbia,
this
one
was
so
sophisticated
that
it
looks.
I
think,
like
a
hardware
store,
that
you
would
walk
into
on
the
street,
all
of
these
products
were
stolen.
C
I
think
it
is
also
important
to
note
the
senator
mentioned.
We
are
losing
sales
tax
revenue.
None
of
these
products
obviously
will
have
their
sales
tax
collected
on
those,
so
that
is
diverting
resources
away
from
the
state
and
then
the
state
is
also
then
having
to
spend
resources.
Fighting
the
problem,
and
so
this
is
something
that
is,
is
widespread
and
causes
a
lot
of
of
problems
for
our.
C
I
think
you
can
see
from
the
video
how
organized
they
are.
They
know
exactly
what
they
have
in
their
inventories.
They
know
exactly
what
needs
to
go
out
when
you'll
see
around
the
corner
here
that
there's
a
receiving
dock
for
their
merchandise,
for
their
teams
to
be
able
to
come
and
drop
off
their
product.
C
C
C
Some
of
the
marketplaces
have
instituted
things
that
you'll
find
in
senate
bill,
314
and
they've
removed
two
and
a
half
million
fraudulent
sailor
sellers
from
their
platforms,
six
million
billion
fraudulent
posts,
which
I
think
illustrates
how
large
of
a
problem.
We
have
that
that
many
actions
can
be
taken,
and
we
are
still
running
into
this
problem:
bad
actors.
C
They
move
from
platform
to
platform
and
they
are
very
sophisticated
at
counterfeiting,
they're
very
sophisticated
at
stealing
and
they're
very
sophisticated
at
selling,
this
merchandise
that
they
have,
and
so
they
are
very
knowledgeable
about
what
rules
are
out
there,
how
to
get
around
them
and
how
to
exploit
them.
C
Market
conditions
from
a
report
from
the
department
of
homeland
security
says
that
indeed,
the
current
incentive
structure
tends
towards
return
rewarding
this
type
of
behavior
more
than
these
incentives
or
more
than
these
incentives
help
to
stop
such
trafficking,
and
so
the
current
market.
I
mean,
when
you're,
taking
a
portion
of
all
the
sales
on
your
marketplace,
there's
an
incentive
to
make
sure
that
those
sales
are
as
high
as
possible.
C
This
is
a
local
problem.
Vegas
consistently
ranks
in
the
top
cities
for
organized
retail
crime,
we've
been
in
the
top
ten,
and
so
this
is
a
problem
that
we're
finding
in
reno
that's
a
problem
that
we
find
in
las
vegas.
C
C
The
other
issue
that
I
want
to
bring
up
on
current
market
conditions
would
be
how
intellectual
property
conflicts
are
currently
handled
right
now
they
are
handled
by
the
individual
businesses,
so
whether
they
are
an
online
seller,
whether
they
are
brick
and
mortar
seller.
It's
incumbent
upon
that
business
to
be
able
to
fight
when
their
products
are
counterfeited
and
listed
for
sale
or
when
those
products
are
stolen
and
then
listed
for
sale.
It's
been
really
described
as
a
whack-a-mole
approach.
C
Our
larger
retailers,
of
course,
have
the
bandwidth.
They
have
the
resources.
They
have
the
legal
departments
that
they
are
constantly
dealing
with
this
issue,
but
our
smaller
members,
our
mom
and
pop
retailers.
They
don't.
They
are
the
accounting
department,
the
social
media
department,
the
custodian
and
you
know
the
front
desk
staff,
and
so
they
don't
have
the
bandwidth
to
be
able
to
fight
a
lot
of
these
issues
on
a
one-off
basis.
There
are
tools
on
some
marketplace
to
handle
this,
but
again
they
aren't
consistent,
and
so
what
we're?
C
Looking
for
in
sb
314
really
is
a
bottom
of
the
line.
What
we
expect
from
all
of
our
sellers
in
the
state
of
nevada,
and
so
what
we're
looking
for
are
six
basic
pieces
of
information
and
the
bill
defines
what
is
a
high
value
seller
and
then
requires
the
marketplace
to
do
two
things.
It
verifies
these
six
pieces
of
information
and
then
it
discloses
some
of
that
information.
C
If
it's
pertinent,
I
think
I
want
to
be
really
clear
here
on
on
the
timeline
on
the
reporting
and
how
this
works.
So
a
new
seller
would
join
a
marketplace
thanks
to
the
american
rescue
act,
starting
in
2022
on
january
1st,
all
marketplaces
will
be
required
to
provide
their
sellers
a
1099
k
form
once
they
hit
600
in
product
sales.
So
that's
the
first
time
that
it
will
be
required
that
the
marketplace
and
the
seller
exchange
information
so
that
they
can
hand
that
off
to
the
irs.
C
What
sb
314
does
it
says
is
once
you've
reached
5,
000
or
or
sorry
or
200
transactions.
Then
you
become
a
high
volume
seller
and
then
the
marketplace
would
need
to
verify.
The
information
that
you
provided
was
correct
and
then
this
verification
would
happen
on
an
annual
basis
so
that
we
make
sure
consumers
have
access
to
the
people
that
they
are
buying
from.
C
If
you
are
a
small
business
and
you
are
choosing
to
operate
your
business
with
your
personal
phone
number
or
your
home
address,
there
are
provisions
in
the
build
that
exclude
that
from
being
disclosed
and
so
you're.
Looking
for
your
your
business
name,
your
phone
number,
your
business
address
and
your
business
email
address.
C
C
I
think
it's
important
to
discuss
the
threshold
levels,
so
they
are
at
5
000
in
a
12
month
or
in
a
12
month
continuous
period
over
24
months.
You
have
to
have
200
transactions
that
ex
and
then
exceed
5
000,
and
this
can
only
be
a
new
or
unused
goods.
So
we're
not
talking
about
folks
who
resell
folks
who
might
go
to
a
garage,
sale
or
putting
up
items
that
they
don't
want.
These
are
only
new
or
unused
products.
C
The
threshold
is
per
marketplace,
and
so,
if
a
seller
is
on
five
six,
ten
different
marketplaces,
that
threshold
would
be
individual.
So
there
is
a
potential
that
that
person
could
have.
You
know
fifty
thousand
dollars
worth
of
product
and
still
not
have
to
report
who
they
are
to
any
of
those
marketplaces.
C
When
it
comes
to
consumer
protection.
We
believe
that
the
appropriate
question
is
to
ask
what
level
of
activity
should
someone
be
able
to
conduct
on
a
marketplace
to
nevada
consumers
anonymously,
and
we
think
five
thousand
dollars
is
actually
a
a
fairly
high
threshold.
Our
brick
and
mortar
stores
don't
have
a
threshold.
They
are
required
to
comply
with.
All
of
our
laws
on
day
one,
and
so
we
we
believe
that
that
five
thousand
dollars
is
a
fair
threshold
to
be
able
to
make
sure
that
we're
not
getting
folks
who
are
maybe
hobbyists.
C
C
Senator
nia
outlined
the
numerous
laws
and
the
judicial
history
that
goes
back
decades
that
outline
what
we
have
to
do
and
how
we
are
liable
for
our
products
in
our
brick
and
mortar
stores
that
same
liability
is
not
carried
over
onto
online
marketplaces,
and
so
businesses
are
already
added
this
disadvantage
by
investing
in
our
community
by
opening
up
stores
by
hiring
employees
right
here
in
nevada,
and
so
this
level
of
parity
would
really
help
restore
an
equal
playing
field
between
our
nevada
businesses
and
these
online
companies,
and
then
I
believe
consumers
deserve
parity.
C
Why
sp
314
matters?
It's
going
to
empower
consumers
with
more
data
they're
going
to
be
able
to
have
confidence
that
they
know
who
they're
buying
from
if
there's
a
problem
with
a
a
product,
often
time
those
products
don't
appear
for
a
month
two
months
three
months,
and
so
they
deserve
the
peace
of
mind
to
be
able
to
know
who
they're
buying
from
ahead
of
time
before
they
run
into
problems.
Again,
it
brings
parity
between
brick
and
mortar
and
online
retail.
C
A
E
Thank
you,
madam
chair.
So,
mr
walker,
if
you
could
just
you
know,
go
over
a
couple
more
sections
just
to
highlight
and
then
we'll
open
up.
C
Yes,
I
am
so
section
two
pretty
self-explanatory,
describes
violations
of
this
as
a
deceptive
trade
practice.
Section
four
defines
consumer
product
section.
Six
is
where
we
define
our
where
we
define
what
a
high
volume
seller
is
again.
It
has
to
be
12
continuous
months
in
a
24
month
period,
200
transactions
and
5
thousand
dollars
on
new
and
unused
products.
C
C
It
requires
you
to
provide
that
contact
information
and
then
it
also
requires
a
photo
id
there's
provisions
in
the
bill
for
if
you're,
not
a
natural
person,
the
person
that
is
responsible
for
would
provide
that
id
and
then
there's
also
provisions
in
the
bill
that,
if
you
do
not
have
an
id
that
you
could
also
provide
that
verification.
C
So
we've
tried
to
take
into
account
all
sorts
of
of
scenarios
and
then
you
would
provide
your
tax
identification
number
and
then,
whether
or
not
you
sell
exclusively
on
that
marketplace
or
you
sell
and
offer
your
products
on
other
marketplaces,
section
10
2.
This
will
be
the
annual
verification
and
it
outlines
the
steps
on
what
is
required
with
that
annual
verification
process.
C
C
I
think
it's
important
in
section
11
sub
2,
that
this
is
where
we
find
I'm
sorry
section
11
3.
This
is
where
we
find
what
happens
if
you
don't
want
to
use
your
personal
address,
or
you
don't
want
to
use
your
personal
phone
number
and
outlines
how
you
can
go
about
applying
so
that
those
aren't
disclosed
and
then
also
provides
a
way
for
a
consumer
to
be
able
to
access
that
information.
A
I
think
the
one
good
thing
about
vice
chair
presenting
a
bill
is
that
hard
questions
now
fall
to
senator
pickard,
so
I
will
go
to
him
first.
I
Thank
you,
madam
chair
yeah.
I
mean
I
I
first
let
me
say
I
like
the
idea
of
this
bill.
I
think
it's
useful
and
clearly
this
has
been
well
thought
through,
if
only
by
the
amount
of
blue
I
see
on
the
page.
I
have
eight
questions.
I
I
will
ask
three:
if
that,
thank
you
all
right
first
and
I'm
going
to
take
them
in
order
of
sections
just
so
that
we
can
move
through
them
quickly,
section
six,
it's
conjunctive!
It's
200
more!
That
result
in
five
thousand
and
exceeding
five
thousand
dollars
in
sales.
Why
not?
Or
because
you
know
you
might
have
somebody
selling.
You
know
300
things
that
you
know
two
dollars
that
are
unsafe
for
counterfeit.
I
That's
still,
theft
of
ip
or
you
might
have
four
things
selling
for
you
know
twenty
five
hundred
dollars
and
and
you're
not
exceeding
that
five
thousand
dollars.
Why
not
do
that
or
and
capture
both
sides
of
of
the
problem.
E
So
senator
neal
for
the
record
and
then
I'm
gonna,
let
brian
respond
because
I
think
that's
a
very
retail
specific
issue,
but
you
said
lower
right,
I'm
not!
I
don't
want
to
be
confused.
I
E
I
No,
it's
not
that
that
I
would
lower
either
of
those
numbers
as
much
as
do
a
disjunctive.
You
know
200
items
or
exceeding
5000
that
way
you
capture
those
that
are
selling
fewer
items.
On
your
I
mean
the
the
representation
was,
if
you
have
you
know,
if
you're
on
10
different
market
places,
you
can
stay
below
the
threshold
because
the
threshold
is
set,
as
he
said,
fairly
high.
I
E
Well,
that's
a
good
question,
my
understanding
with
the
way
I
thought
about
this.
The
reason
why
I
didn't
even
consider
breaking
it
up
and
making
it
a
separate
category
was
because,
when
we
talked
to
the
the
other
online
retailers
who
are
in
opposition
to
the
bill,
there
is
such
thing
as
a
hobbyist
right
on
ebay
who
could
be
captured,
who
is
not
doing
illegal
activity,
but
they
are
selling
right.
E
They're
selling
my
example
that
I
used
with
them
was:
you
know:
they're
selling,
pillows
they're
on
etsy
they're
selling,
pillows
that
they
have
made
and
there
could
be
200
individuals
across
you
know
the
region
who
purchased
their
pillows.
That
is
not
categorized
them
as
organized
retail
thefts.
So
I
think
it's
important
to
have
some
kind
of
combination
there,
but
I
will
let
brian
get
into
the
high
volume
marketplace
seller
and
the
rationale
for
retail.
C
Thank
you,
madam
vice
chair,
brian
walker,
for
the
record,
with
the
retail
association
of
nevada
to
you
and
through
you,
madam
chair
to
senator
pickard,
I
think
we're
looking
forward
to
walk
you
just
go
direct,
go
direct!
Thank
you,
madam
chair
I've.
I
believe
that
we
are
looking
for
a
level
that
doesn't
go
after
the
really
small,
mom
and
pop
retailers
that
are
are
in
action.
It
is
very
expensive
to
be
a
retailer.
C
You
are
probably
going
to
fail
in
your
first
five
years
in
business
to
begin
with
just
off
the
bat,
and
so
I
think,
there's
a
little
recognition
that
there
should
be
in
this
language
a
little
bit
of
leeway
for
the
smallest
of
sellers,
and
I
believe
that
the
the
and
statement
is
really
the
industry
standard
from
when
we've
been
trying
to
understand
nexus
for
economic
nexus
and
for
digital
goods
to
begin
with.
C
I
All
right,
I
appreciate
that.
I
guess
I
was
viewing
this
strictly
from
the
consumer
protection
side
and
say
you
were
selling
pillows
on
etsy,
but
you're
using,
I
don't
know
fabric
with
from
formaldehyde
and
you're
selling
baby
pillows.
There
should
be
some
ability
to
connect
back
to
the
seller,
the
manufacturer,
on
a
liability
standpoint.
But
I
understand
this
is
a
balance.
I
get
that.
I
The
next
question
is
on
section
nine
specifically
sub
two:
we're
asking
for
a
two
factor:
authentication
method.
Why
do
we
need
a
two?
Is
a
two
factor
method
necessary
to
identify
the
person.
E
Thank
you
for
the
question
senator
pickard.
My
answer
to
that
is
really
simple.
So,
when
you
think
about
nv
energy,
when
you
log
into
nv
energy
to
me,
that
is
a
two
factor:
method,
authentication.
E
When
you
go
in
they,
you
have
to
do
your
password,
your
email
address,
and
then
it
sends
you
a
code
which
then
goes
to
your
smartphone,
that
you
have
to
verify
same
thing,
happens
on
instagram,
believe
it
or
not.
When
you
log
in
it
sends
you,
you
know,
if
you
lose
your
information,
you
get
a
code
or
when
you
initially
create
an
account,
it
gives
you
a
code
and
then
verify
who
you
are.
E
So
when
I
research
the
two
two
factor,
verification
I
mean
we've
been:
we've
had
this
technology
for
a
while
there's,
actually
a
federal
financial
institutions
council
who
kind
of
reviews,
multi-factor
identification,
they've,
had
studies
since
2005,
since
we
have
advanced
in
significant
ways.
Two-Factor
authentication,
you
know,
is
the
password.
It's
the
pin
number,
it
could
be
a
token
device,
but
basically
the
the
basic
part
of
it
is.
E
It
requires
that
a
person
that
it
that
there
be
something
that
you
know
and
something
that
you
have
so,
for
example,
my
cell
phone
becomes
a
part
of
the
two-factor
authentication
and
I
think
that
we
didn't
put
anything
in
the
bill
that
was
over
burdensome
because
we're
all
using
it.
We
use
it
for
it
to
sign
in
to
pay
for
our
energy
bill.
So
why
not
have
it
for
organized
retail
theft
for
an
online
seller
trying
to
have
verification.
I
All
right,
no
and-
and
I
appreciate
that-
I
I
don't
personally-
think
two-factor
authentication-
is
a
low
or
is
a
high
burden.
I
just
you
know,
particularly
since
we're
talking
about
people
that
maybe
are
beyond
the
etsy
or
or
the
the
home
hobbyist,
but
but
they're,
not
all
that
sophisticated,
particularly
when
we're
talking
about
those
that
are
trying
to
do
this
on
the
side
as
another
business,
you
know
the
the
the
people
that
don't
have
the
resources
and
the
education
maybe
to
do
more
in
a
more
formal
way.
I
You
know
the
less
the
disadvantaged.
I
just
was
curious
to
know
if
you
felt
that
that
was
burdensome
and
it
sounds
like
the
answer
is
no
given
all
the
other
places
that
were
required
to
use
two-factor
authentication
is.
Is
that
a
fair
statement.
E
That
is
a
fair
statement.
I
think
that
a
person
who
becomes
a
seller
on
an
online
marketplace
if
they
are
struggling
with
the
verification
system
that
is
currently
happening
in
the
state
of
nevada,
with
nb
energy
and
your
power
bill,
then
I
think
that
there
is
some,
maybe
additional,
training
and
mentorship
that
needs
to
happen
for
that
business.
I
All
right,
I
appreciate
that
and
then
my
last
question
would
be
I'm
on
oops.
This
is
section
11
and
it's
two
and
three
subs
two
and
three
specifically
three:
where
we're
allowing
businesses
to
step
away
from
disclosure
of
their
information,
their
business
address
and
their
their
telephone
number.
If
they,
if
it's
a
residential
address,
and
they
don't
want
to
give
out
their
phone
number,
I'm
thinking
now
from
the
consumer
side
say
I
have
approached
the
seller,
they
haven't
responded
to
me.
I
They
haven't
done
what
I
need
to
do
and
now
I
want
to
file
suit,
and
now
I
have
no
way
to
serve
them.
Wouldn't
it
make
sense
to
I
mean
if
they're
in
business
and
they're
a
business
now
they're
serious,
they're
they're
a
high
volume
market
seller?
Why
not
require
them
if
they're
for
high
market
to
disclose
whatever
address
they
have
I
mean?
I
Did
this?
Doesn't
this
become
a
burden
on
the
consumer?
Then?
Who
can't
go
back
now?
They
have
to
go
through
the
the
marketplace
who
may
be
slow
to
respond
and
and
not
even
give
that
information
out
now
I
can't
serve
them.
I
That's
correct
and
b
it's
or
I'm
sorry
c
the
telephone
number.
I
I'm
just
concerned
that
if
we
allow
these,
particularly
since
we're
going
after
the
organized
crime
they're,
not
even
if
they
take
the
risk
and
and
go
ahead
and
start
with
the
high
volume
marketplace,
designation
they're
not
going
to
give
out
that
information
readily,
I
want
to
be
able
to
serve
them
with
my
complaint
or
at
least
call
them.
E
C
E
Yeah
go
ahead,
brian
and
then.
C
I
would
draw
your
attention
to
that
same
section,
sub
4,
senator
pickard,
and
I
think
this
was
our
our
way
of
trying
to
answer
that
question
is
if
you
have
verified
your
information
under
section
10,
and
then
you
are
now
essentially
requesting
the
marketplace
not
to
disclose
your
personal
information,
because
it's
what
you're,
using
as
your
business,
you
know
number
and
whatnot,
and
then
it
says
that
if
you
then
aren't,
if
a
customer
can't
get
a
response
back
from
that
seller,
that
that
that
customer
can
then
reach
out
to
the
marketplace
and
be
able
to
get
that
information.
C
And
I
I
understand
the
concern
about
you-
know
how
quickly
the
the
marketplace
may
act
or
not.
We
certainly
haven't
shied
away
from
from
putting
requirements
in
other
sections,
but
I
I
think
there
there's
a
way
to
be
able
to
make
sure
that
we're
not
maybe
disclosing
personal
information,
but
we
also
have
that
kind
of
backdoor
access
that
allows
a
marketplace
to
connect
a
consumer
with
a
a
essentially
a
store,
a
company
that
they've
bought.
Something
from
so
I
think
section
4
is
our
attempt
at
answering
that
question.
I
And
I
appreciate
that,
and
it's
probably
more
a
question
of
where
would
we
draw
the
line
and
I
would
draw
it
in
a
place
closer
to
the
consumer?
Maybe,
but
anyway
I
just.
I
was
curious
to
know
what
the
rash
now
was,
so
I'm
satisfied
and
and
madam
vice
chair
I'll
I've
got
a
couple
other
questions
I'd
like
to
pursue,
but
I'll
do
that
offline.
J
Thank
you
chair.
I
appreciate
that
compliment.
Of
course,
it's
fun
to
have
to
always
after
answering
questions
for
other
people's
bills.
Now
we
get
to
have
a
little
bit
of
entertaining
time
asking
questions.
I
I
appreciate
a
lot
of
the
amendments
that
went
into
this
a
lot
of
the
thought
I
just
want
to
make
sure
it
gets
on
the
record
that
we're
only
talking
about
new
or
unused
products.
J
You
know
dealing
with
200
over
200
transactions,
5
000
and
the
reason
I
asked
that
is,
I
myself.
I
actually
bought
a
dump
truck
off
facebook,
for
you
know
six
thousand
dollars,
but
again
those
type
of
individuals
wouldn't
have
to
apply
correct.
They
would
have
to
give
us
information
detail
of
information
because
they
could
be
considered
a
low
volume
seller.
I
just
wanted
to
get
that
on
the
record.
Real,
quick.
C
For
the
record
brian
walker's
retail
association,
they
wouldn't
be
a
low
volume
seller
because
of
of
the
amount,
but
because
it
was
a
used
dump
truck.
It
would
not
be
covered
under
this
this
bill.
So
if
you
were
buying
a
brand
new
dump
truck
on
on
facebook,
we
might
have
some
questions,
but
in
terms
of
of
this
bill
on
314,
it
would
not
cover
the
secondary
market
at
all.
J
Okay,
thank
you
for
that
and
then
an
explanation
of
that.
Within
the
discussion.
The
bill
originally
indicated
giving
this
type
of
information
if
you
became
a
high
volume
seller
within
24
hours,
you
kind
of
mentioned
48,
but
I'm
looking
at
the
proposed
amendment
and
it
says
three
business
days,
so
I
assume
all
parties
are
acceptable
with
the
concept
of
the
three
business
days.
I.
E
Brian
apologize,
I
I
changed
it
to
three
business
days.
Some
of
the
opponents
to
the
bill
were
trying
to
get
us
to
go
as
far
as
ten
days
and
in
order
to
try
to
find
a
middle
ground,
but
well
what
I
felt
was
the
middle
ground
between
24
hours
and
10
days.
I
selected
three
because
72
hours
for
you
to
turn
around
the
information
that's
being
requested,
I
think,
is,
I
think,
is
reasonable.
J
I
appreciate
that
I
agree
with
you,
especially
with
the
concept
with
business
days
as
well.
So
I
appreciate
that
amendment
trying
to
address
those
concerns.
Last
two
last
questions:
how
much
time
will
it
take
potentially
to
verify
set
information,
or
do
you
have
any
concepts
you
know?
In
other
words
again,
so
you
become
a
high
volume
seller
and
they
have
to
verify
this
information.
How
long
do
you
think
it
takes
to
do
that?
You
think
it
can
be
turned
off
really
quick
or.
E
So
I
think
that's
a
brian
question,
but
I
think,
based
on
the
verification
section
where
it
has
a
two-factor
authentication.
I
think
that
it
could.
It
could
happen
fairly
quickly.
What
we
found
out
when
we
were
talking
to
a
lot
of
online
marketplaces,
ebay,
etsy,
poshmark,
etc
that
they
were
doing
their
own
version
of.
I
guess
I
would
say,
monitoring
what
the
goods
that
were
coming
in
ebay
had
a
very
established.
E
I
guess
verification
process
and
what
I
asked
them
was
okay,
if
you're,
if
you're
doing
this
right,
then
why
can't
you
just
go
ahead
and
codify
some
of
that
language
and
state
law
that
then
kind
of
gives
that
broad
perspective
or
broad
language,
so
that
everybody
kind
of
falls
under
the
same
thing,
because
when
I
found
out
what
they
were
doing
internally,
what
I
picked
up
from
them
was
they
just
wanted
to
do
it
themselves,
but
they
didn't
want
to
be
regulated
by
state
statute.
E
J
Okay,
I
appreciate
that
the
last
question
is
probably
more
one
to
ask
brian
about
I'm
always
concerned
with
any
type
of
bill
that
deals
with
things
that
are
sold
on
the
internet
and
the
state
and
nevada
regulating
them.
How
does
that
fit
in
within
the
concept
of
like
the
commerce
pause
I
mean?
Do
we
have
some
other
states
that
have
done
this,
that
we
can
look
to
as
a
success,
or
is
this
kind
of
the
trend
the
industry
is
going
into?
Are
we
the
first
in
this
field
just
curious.
C
Thank
you,
senator
brian
walker,
for
the
record
retail
association
of
nevada.
We
are
not
the
first.
The
bill
has
been
introduced
in
14
other
states.
It
just
actually
passed
arkansas
second
house
yesterday
and
is
on
its
way
to
their
governor
as
we
speak
so
nevada,
I
don't
believe,
will
be
the
first
when
we
contemplate
passing
it
in
late
may.
C
As
for
the
internet
commerce
clause,
I
can
get
you
all
the
information
offline
on
how
we
are
not
violating
the
interstate
commerce
clause,
but
this
is
becoming
more
and
more
of
a
of
an
established
fact
that
states
have
the
ability
to
regulate
this
type
of
activity,
especially
when
it
comes
to
protecting
nevada
consumers
on
what
type
of
businesses
and
interactions
we
allow
them
to
have
with
our
nevada
consumers.
So
I'm
I'm
happy
to
provide
all
of
that
and
a
follow-up
senator.
J
Thank
you.
I
appreciate
that
and
thank
you
for
allowing
me
to
ask
questions
madam
chair,
and
thank
you
for
presenting
the
bill
that
invites
chair.
I
think
it's
a
good
bill.
It
does
a
lot
of
good
things.
I
have
some
additional
questions,
but
we'll
follow
up
online
offline
is
I
don't
want
to
hog
all
the
time.
A
Thank
you,
I
don't
see
any
more
hands.
Are
there
any
other
questions
from
committee
members.
A
A
First
of
all,
in
2019
I
know
senator
schreiber
had
a
bill
that
dealt
with
cosmetics
and
I
think
it
was
experimenting
on
animals
are
using
animals
for
experimentation
and
developing
cosmetics
and-
and
that
was
really
a
safety
issue-
consumer
safety
issue
that
could
have
had
that
could
have
some
very
serious
ramifications.
A
I
know
that
that's
not
mentioned
particularly,
but
I
think
mr
walker
mentioned
cosmetics
as
one
of
the
items
that
could
be
sell,
sold
online
and
could
have
negative
consequences
for
those
who
purchase
it.
Is
that
too
convoluted
is?
Is
there
anything
in
this
bill
that
would
go
back
to
the
bill
that
senator
schaible
had
in
terms
of
of
cosmetics,
or
is
it
just?
No?
We
just
have
to
look
at
it
from
the
counterfeit
statute.
E
So,
thank
you
for
the
question
senator
spearman,
I
I
I
don't
see
the
core,
the
correlation
between
the
two.
I
remember
senator
schaible's
bill.
I
thought
it
focused
on
use
testing
of
animals
in
order
to
create
a
cosmetic
product,
and
I
guess
wait
a
minute.
I
guess
there
could
be
a
correlation
if
you're.
E
I
think
that
that
would
be
the
very
narrow
caveat,
and
that
would
be
something
that
I
think
mr
walker
would
have
to
break
down.
Has
has
the
counterfeiting
come
to
the
to
the
point
where
we're
not
just
taking
revlon
and
l'oreal
off
the
shelf
and
repackaging
it
are?
Are
they
is
the
counterfeit
to
the
point
where
they
are
trying
to
reproduce
and
recreate
the
cosmetic
product
and
then
sell
it
as
their
own,
because
that
gets
it
the
intellectual
property
piece
that
mr
walker
spoke
about?
E
C
Thank
you,
the
senator,
and
to
you,
madam
chair,
for
the
question.
Yes,
we
have
gotten
that
sophisticated
and
so
how
this
bill
would
would
affect
senator
scheible's
bill
from
last
session.
I
think,
is
exactly
how
the
senator
orchestrated
is.
If
nevada
can
say,
we
don't
want
these
products
tested
on
animals.
We
don't
want
them
to
include
any
of
these
chemicals.
We
don't
want
them
to
do
this.
We
need
them
to
be
x,
amount
of
states,
those
who
are
counterfeiting.
C
Those
products
are
not
going
to
follow
senator
schuyler's
bill
or
any
other
safety
regulation
or
requirement,
and
so
those
products
you
would
not
know
whether
or
not
they
were
tested
on
animals.
You
would
not
maybe
know
what
is
inside
those
products,
and
so
that
is
something
that
is
is
very
concerning
to
to
people
who
are
buying
those
kinds
of
products.
There's
there's
a
huge
direct
health
correlation
between
those
two.
A
You
know,
and-
and
thank
you,
mr
walker,
that
was
my.
I
guess
that
was
my
concern,
because
everybody
doesn't
have
the
same
law
that
we
passed
last
session
about
about
that,
and
then
there
are
people
who
have
certain
allergies
etc
to
that
sort
of
testing
and
then
putting
that
into
cosmetics.
So
thanks
for
that,
the
other
thing
that
I
wanted
to
ask
in
2022,
mr
walter,
you
said
that
the
everyone
will
have
to
go
through
this
and
there's
a
five
thousand
five
thousand
dollar
threshold
and
we're
starting
with
650..
A
C
Thank
you,
senator
brian
walker,
with
retail
association,
to
clarify
so
the
federal
new
rule
that
was
put
into
the
american
rescue
plan
and
goes
into
effect
january
of
22
is
600,
and
so
at
that,
at
that
level
is
when
that
1099
would
be
required
to
be
furnished.
What
314
does
is
require.
C
We
say
when
you
hit
a
5
000
threshold.
We
consider
you
to
be
a
high
volume
seller
and
then
that's
where
we
ask
the
marketplace
to
verify
your
information.
So
ideally,
if
you're
following
the
rules
beginning
next
january,
at
that
600
level,
you
would
have
already
had
to
have
exchanged
this
information,
and
so
314
would
then
just
require
the
additional
verification.
A
Thank
you.
So,
mr
walker,
you
also
mentioned
something
about
the
small
mom-and-pop
businesses
and
so
that
that
is
concern
of
mine,
because
I
know
that
during
the
pandemic,
a
lot
of
the
mom-and-pop
businesses
were
not
able
to
hang
on
and
it's
deeply
troubling
that
many
of
those
mom
and
pop
stores
were
owned
by
members
of
the
bipolar
community,
black
indigenous
and
people
of
color.
A
So
if
this
theft
and
I'm
calling
it
that,
for
short,
if
this
theft
is
affecting
small
businesses,
do
you
have
any
idea
or
has
you
thought
about?
What
does
that
look
for
for
the
ipod
small
bipod
business
persons
who
are
barely
hanging
on
and
those
who
may
have
may
have
have
gone
out
of
business
and
and
maybe
there's
not,
maybe
there's
not
a
a
direct
line
from
their
business.
A
Failure
to
what
we're
talking
about
here,
but
but
I'd,
be
curious
to
note,
because
a
lot
of
times
what
what
affects
businesses
owned
by
members
of
the
majority
culture,
if
they
catch
a
cold
small
bipod
businesses
get
pneumonia,
and
so
I'm
interested
in
trying
to
figure
out
how,
if
that
has
affected
or
could
that
have
affected
their
success
rate.
Just
curious.
I
don't
know.
E
So
I
don't
have
the
data
but
I'll,
give
you
a
specific
example
as
to
what
you
are
referring
to.
So
one
of
my
nevada
grow
businesses,
which
I've
had
a
small
business
program
that
has
passed
through
the
legislature
since
2015,
and
I
have
a
beauty
supply
warehouse
store
owned
by
a
black
woman
in
my
district,
it's
called
candies
and
so
and
she
sells
hair,
shampoo,
etc,
beauty
products.
E
So
so
in
that
example,
if
she
was
to
get
her
product
stolen
and
taken
from
her,
it
would
be
a
direct
effect
on
number
one.
Her
inventory
and
her
inventory
cost.
On
average
she
puts
out
about
thousand
dollars
a
month
just
to
keep
her
doors
open
so
when
she
loses
products
that
were
stolen
off
of
her
shelf,
she
has
to
then
replace
that,
because
part
of
the
part
of
her
story
is
being
able
to
number
one
have
full
shelves
right.
So
you
can
compete
with
the
beauty
supply
warehouse
down
the
street.
E
She
needs
to
have
a
range
of
products
that
the
customer
wants
to
buy.
So
when
those
things
are
taken
from
her,
she
has
to
replace
that
loss
right.
Then.
E
She
also
has
to
go
through
the
process,
if,
if
possible,
to
identify
or
seek
a
court
remedy,
if
she
finds
out
who
it
was
that
stole
the
items,
that's
selling
it
on
facebook
or
whatever,
and
so
I
I
do
think,
there's
a
direct
relationship,
but
in
terms
of
the
data,
maybe
mr
walker
has
it,
but
I
know
that
she
has
had
to
install
a
system
within
her
store
to
number
one
maintain
the
products
that
she
had.
E
She
is
the
person
who
runs
it.
She
is
the
cashier
and
she
is
sometimes
the
stalker,
the
stalker
of
the
shelves,
not
the
stalker,
but
the
stalker
of
the
shells.
So,
and
so
I
wanted
to
bring
that
up,
because
I
know
that
that's
a
heavy
industry
where
theft
is
real
around
beauty,
products
and
and
stealing
hair
goods.
A
Thank
you
vice
chair,
mr
walker.
I
don't
know
if
you
want
to
respond,
but
people
may
get
tired
of
me
saying
it,
but
racism
is
a
public
health
crisis
and
the
threads
of
racism
run
throughout
our
society
in
every
aspect
to
include
business,
and
so
I
would
really
like
to
know
how
this
this
sophisticated
theft
ring
how
it
affects
small
bipod
businesses.
A
That's
that's
really
concerning
to
me.
You
know
so
and
and
I'll
just
use
this
as
an
example
of
a
major
chain
may
be
able
to
absorb
I'm
speaking
here
what
vice
chair
neil
just
said.
They
may
be
able
to
absorb
thirty
thousand
dollars
in
loss
or
three
thousand
dollars
in
loss,
but
to
a
small
business
person
that
might
be.
That
might
be
the
difference
between
being
able
to
make
it
through
the
pandemic
and
then
having
or
having
to
close
next
week.
So
I'm
really
concerned
about
that.
A
If
there's
any
information
that
you
could
find
about
that,
I
certainly
would
appreciate
it.
C
Yes,
ma'am
brian
walker,
for
the
record
of
retail
association.
I
would
just
say
I
you
know
you're
looking
at
those
small
business
owners
and
those
those
business
owners.
You
know
they're
competing
against
their
own
products,
a
lot
of
the
time,
and
so,
when
you
know
they
have
their
products
stolen
or
they're
counterfeited
and
they
are
posted
online.
C
You
have
small
business
owners
that
are
competing
against
their
own
products,
their
own
products
that
maybe
weren't
regulated
like
they
were,
and
so
you
have
that
counterfeiting
issue
on
top
of
it
and
then,
when
you
get
to
the
organized
retail
crime,
some
of
those
smaller
retailers,
ma'am
you're,
absolutely
right.
Ten
thousand
dollars
is
the
difference
between
is
the
difference
between
staying
open
is
the
difference
between
closing
and
it
could
be
the
difference
between
having
an
employee
or
not
having
an
employee,
and
so
when
they
have
a
lot
of
the
deck
stacked
against.
C
This
adds
an
additional
level
of
pain,
hurdles
and
responses,
because
to
senator
neil's
point
that
small
business
owner
now
needs
to
become
a
you
know:
a
private
investigative
sleuth
to
be
able
to
start
tracking
down
online
where
some
of
their
products
may
have
been
posted
or
where
they're
being
stolen,
and
so
that
is
all
time
taking
away
from
that
small
business
owner,
you
know
being
able
to
meet
their
their
customers,
demands
and
needs
and
wants,
and
so
all
of
that
makes
it
much
more
difficult
and
much
less
likely
that
those
small
businesses
are
going
to
be
able
to
flourish
into
larger.
A
Last
question
this
I'll
direct
vice
chair
neil,
you
mentioned
that
the
the
person
who
has
a
small
business
in
your
district
has
had
to
do
some
things
in
order
to
protect
her
warehouse.
A
Is
there
any
way-
and
maybe
it's
the
u.n,
mr
walter,
but
is
there
any
way
for
us
to
to
be
able
to
discern
what
the
cost
is
of
these
extra
steps
that
small
business
people
have
to
go
through
once
once
they've
been
robbed
or
someone
has
stolen
something
from
them,
then
there
are
some
other
things
that
they
try
to
do
you
know
to
make
sure
that
they
they
are
hardening
hardening
their
facilities,
so
that
it
won't
be
as
easy
for
thieves
to
break
in
or
people
to
come
in
and
steal
some
I'd
like
to
know.
A
Maybe
you
can't
find
it,
but
I'd
really
like
to
know
that
dollar
amount
in
terms
of
the
small,
the
the
the
supply
chain.
If,
if
the
woman
with
the
warehouse
has
three
thousand
dollars
worth
of
product
stolen
and
she
has
to
put
in
an
alarm
system,
what
does
that
cost?
If
she
has
to
hire
somebody,
you
know
as
a
guard
or
whatever?
What
does
that
cost?
What
does
it
cost
the
small
business
person
after
they
have
lost?
What
to
a
big
box
store?
A
Is
you
know
moxnix,
but
to
them
is
everything
what
what
is
the
cost?
If
we
can
discern
that,
I'd
really
be
interested
in
that,
and
and
quite
frankly,
I
had
not.
I
had
not
thought
about
that,
but,
as
I
said
before,
I'm
I'm
concerned
about
the
big
box
stores,
but
I
also
know
that
bypass
small
bipod
businesses
have
had
a
hard
time
holding
on
during
the
pandemic,
and
if
this
is
affecting
them
in
any
way,
then
then
I
believe
this
is
a
direct
line
of
assisted
choosing.
A
E
It
does
thank
you
senator
spearman.
I
know
that
you
know
this
is
the
theoretical
question,
but
there
there
is
conversation
that
is
happening
between
me
and
majority
leader
on
the
other
side
assembly
woman,
vanitas
thompson
about
doing
a
small
impact,
a
small
business
impact
study
to
try
to
understand
how
the
pandemic
actually
affected
businesses
in
the
pandemic.
E
It
is,
it
is
still
theory
we
were
going
round
and
round
about
it
yesterday,
trying
to
figure
out
how
to
create
the
nexus
to
tell
that
story
and
put
it
in
language
so
that
it
is
a
statute
that
our
colleagues
will
vote
on.
But
I
think
we
are
thinking
about
that
and
we
are
contemplating
that
because
of
what
happened
during
the
pandemic.
E
Although
the
the
businesses,
the
businesses,
received
the
federal
assistance
that
came
through,
we
still
need
to
focus
on
what
are
they
doing
in
the
pivot
right?
What
are
they
doing
in
the
business
shift?
E
What
are
the
new
business
costs
that
they
are
incurring
for
doing
business
during
the
pandemic
and
then
starting
to
become
whole
again
right,
because
once
the
pandemic
is
over
and
the
federal
assistance
is
removed,
those
individuals
have
to
then
generate
the
revenue
to
become
the
sustaining
businesses
that
that
they
that
they
want
to
be,
and
so
their
costs
incurred
with
that,
and
so,
if
they
were
rev,
if
they
were
inventory
lost,
if
there
were
different
things
that
they
had
no
control
over
because
they
didn't
have
traffic
in
their
store
or
or
they
had
more
suspicious
activity
at
their
store
because
they
couldn't
be
there,
then
I
think
that
these
are
things
that
we
need
to
consider.
E
This
is
all
theory,
but
in
terms
of
trying
to
dig
out
that
data,
I
think
retail
would
be
the
best,
and
I
know
that
there
is
a
small
business
group
not
to
throw
them
out
there,
but
I
think
it's
is
it
brian.
Is
it
nfib
under
randy?
It's
randy
has
a
small
super
small
business
group
right.
C
Yes,
they
have
brian
walker
for
the
record
retail
southeastern
nevada.
I
believe
you're,
referring
to
the
nevada
federation
of
independent
businesses
and.
C
By
randy
thompson.
C
And
we'd
be
happy,
I
we
will
do
some
research,
madam
chair,
and
find
you
the
answers
you're
looking
for.
I
know
they
exist,
we'll
put
them
together
and
make
sure
you
get
those.
A
Thank
you
because
that,
for
me,
that's
that's
huge
that
that's
that's
that's
huge
and-
and
I
should
know
you
said
it's
it's
just
theory,
but
so
was
the
tuskegee
experiment
until
we
found
evidence.
So
I'm
not
discounting
that
it's
theory
right
now,
but
I
really
would
like
to
know
what
the
the
reason
for
this
bill.
A
What
has
been
the
reason?
What
has
been
the
impact
of
that
reason
on
small
bypass
by
park,
businesses,
and
I
think
I
think
we
I'd
like
to
know
it,
and
I
think
it's
something
that
we
we
should
consider.
You
know
I
mean
throughout
the
retail
chain,
because
they're
have
they're
they're
already
having
a
small
they're
already
having
a
tough
time
anyway.
That's
really
important
to
me.
So
if
you
could
find
that
out,
I
certainly
would
appreciate
it.
Are
there
any
other
questions
from
committee
members.
E
So
I
just
want
to
add
senator
spearman.
We
work
on
that
work
on
that
answer.
Thank
you
for
allowing
the
walker
to
present
sp
314
business
businesses
and
their
health
as
a
business
is
very
important
to
me,
because
I
feel
that
it
is
this.
E
It
is
the
doorway
to
personal
wealth
and
it
allows
for
the
creativity
of
a
business,
a
dream
to
exist
and
be
assisted,
and
so
I
know
that
the
opponents
of
this
bill
feel
that
this
is
gonna
hurt
some
small
businesses,
but
the
tenure
in
my
legislature
in
this
legislature
has
been
focused
on
supporting
small
businesses
and
trying
to
help
them
go
to
the
next
level.
This
this
bill
is
about
transparency.
E
This
is
about
verifying
and
having
the
ability
to
identify
who
sold
you
that
good,
and
if
that
good
came
from
a
person
who
stole
from
a
store,
we
need
to
know
who
they
are.
So
we
can
have
the
ability
to
remove
that
product
and
deal
with
the
individual
who
stole
it.
This
is
just
the
first
step,
and
so
I
think,
there's
nothing
wrong
with
having
with
identifying
who
sells
a
good
on
an
online
marketplace,
and
that
would
be
my
closing
comments.
A
Hey
thank
you.
Thank
you
broadcast.
I
think
we're
ready
to
open
it
up
for
public
comments,
we'll
start
with
those
who
are
in
support
and
we'll
do
15
minutes
three
minutes
per
individual.
Thank
you.
So
much.
H
H
F
With
the
vegas
chamber,
we
appreciate
the
bill's
sponsor
bringing
the
spill
forward
and
working
with
the
proponents
on
sb
314..
The
vegas
chamber
is
in
support
of
this
bill,
as
you've
heard.
This
bill
is
about
parity
among
businesses,
greater
transparency,
protecting
nevada's
families
and
consumers
from
fraudulent
products
and
goods
from
criminal
activities.
F
The
direct
financial
and
safety
impact
on
consumers
and
retailers
is
a
growing
concern,
as
these
organized
crime
groups
become
more
sophisticated
operation
and
scope.
Counterfeit
products,
as
you
have
heard
today,
are
public
safety
and
hazard
and
hazard
health
hazard
for
nevada's
families.
The
reality
is
organized
crime
negatively
impacts,
both
employers
and
consumers,
large
and
small
businesses.
F
H
F
J-O-H-N-E-I-L-L-O-N
and
I'm
the
home
depots,
manager
of
state
and
local
government
relations
for
the
western
division.
The
home
depot
is
the
world's
largest
home
improvement.
Retailer
employed,
nearly
4
000
associates
at
22
facilities
in
the
state
of
nevada.
On
behalf
of
those
4
000
nevadans.
I
come
here
today
to
testify
in
support
of
sb
314.
F
F
This
fence
then
recruits
individuals
to
see
on
their
behalf,
oftentimes
preying
upon
vulnerable
populations
such
as
the
homeless
and
individuals
afflicted
by
drug
addiction,
they'll
pay
them
at
the
minimum
amount,
or
they
make
hundreds
of
thousands
and
even
millions
of
dollars
in
these
schemes.
Increasingly,
these
stolen
goods
are
being
resold
on
unregulated
online
marketplaces.
F
A
2020
study
by
the
national
retail
federation
found
59
of
stolen
merchandise,
credit
and
gift
cards
are
being
resold.
Online
that
represent
represents
an
eight-point
increase
over
2019.,
just
in
closing,
we
do
not
seek
to
tighten
laws
with
respect
to
petty
theft,
including
theft
by
individuals
acting
on
the
direction
of
organized
crime
leaders.
Rather,
we
see
value
in
proposals
like
sp
314
that
create
common
sense
and
pro-consumer
policies.
F
H
F
Good
morning,
bailey
bortolin
with
the
nevada
coalition
of
legal
service
providers.
We
just
want
to
thank
senator
neil
for
bringing
this
bill.
We
see
it
as
an
important
consumer
protection
issue
that
will
assist
both
nevada
consumers
and
nevada,
small
business
owners.
So
thank
you
senator,
and
we
just
want
to
put
our
support
on
the
record.
H
H
B
H
F
Good
morning,
chair
members
of
the
committee,
nick
vanderpool
n-I-c-k-v-a-n-d-e-r-p-o-e-l
with
capital
partners
today
representing
the
reno
sparks
chamber
of
commerce
here
today
to
support
senate
bill
314
senate
bill
314
provides
much-needed
safeguards
to
nevada,
both
consumer
and
small
businesses.
I
reiterate
which
what
many
of
my
colleagues
already
said.
So
we
appreciate
senator
neil
for
this
legislation
and
urge
your
support.
Thank
you,
chair
and
committee
members.
H
F
Hi
good
morning,
my
name
is
mike
shetley
s-h-u-t-l-e-y
senior
manager
of
public
policy
at
amazon,
we're
proud
to
say
that
we've
invested
nearly
four
billion
dollars
in
nevada
since
2010,
and
we've
created
more
than
21
000
jobs.
There
are
more
than
19
000
small
and
medium
business
sellers
in
nevada,
growing.
Their
businesses
with
amazon
amazon
shares
the
goal
of
holding
bad
actors
accountable,
while
also
protecting
consumers
and
honest
entrepreneurs.
F
However,
sb
314
is
not
the
right
approach
to
fighting
organized
retail
crime.
Amazon
is
committed
to
preventing
all
forms
of
fraud
and
abuse
from
harming
our
customers.
We
have
the
processes,
technology
and
teams
in
place
to
protect
our
customers
by
preventing
counterfeits,
unsafe
products
and
otherwise
fraudulent
activity
before
it
occurs.
F
In
2019
alone,
we
invested
more
than
500
million
dollars
and
dedicated
8
000
employees
to
this
effort.
Our
seller
verification
system,
analyzes,
hundreds
of
unique
data
points
to
verify
prospective
sellers
information
and
identify
potential
risks,
including
looking
at
the
seller's
ip
address,
to
determine
whether
they
are
using
a
private
network
to
hide
their
location.
F
We
also
connect
with
the
person
one-on-one
through
live
video
chat.
Once
a
selling
partner
is
verified,
we
consistently
monitor
accounts
and
require
additional
documentation
to
list
certain
products.
Unfortunately,
this
legislation
will
hurt
honest
small
businesses
by
setting
up
roadblocks
for
legitimate
sellers.
F
The
bill's
verification
requirements
are
ineffective
and
will
not
stop
criminals
who,
by
definition,
will
ignore
the
law.
However,
a
legitimate
seller
would
be
suspended
from
conducting
business
if
they
are
unable
to
gather
the
materials
required
by
this
legislation
or
if
they
fail
to
merely
tell
amazon.
Their
info
has
not
changed
within
the
bill's
stipulated
time
frame.
The
seller
verification
process
in
this
legislation
creates
more
bureaucracy,
not
more
transparency.
F
F
In
order
to
prevent
this
abuse,
amazon
has
specifically
tailored
tools
to
best
protect
our
customers
and
selling
partners
by
minimizing
unmonitored
communication
channels.
Ultimately,
this
bill
won't
stop
the
bad
actors.
This
legislation
is
not
the
right
approach
to
fighting
organized
retail
crime.
Thank
you.
A
All
right
broadcast
says
he
has.
He
hung
up
already.
A
Okay,
so
so
thank
you
and
I've
probably
purchased
enough
from
amazon
for
you,
so
you
all
can
hire
at
least
10
additional
employees
just
in
the
last
year
or
so.
A
But
I
you
know
first,
I
want
to
applaud
your
your
efforts
in
terms
of
trying
to
make
sure
that
the
the
bad
actors
are
kept
out.
But
I
want
to
ask
you
the
same
question
that
I
asked
vice
chair,
neil
and
mr
walter.
A
I
am
interested
in
knowing
how,
if
this
legislation
does
not
pass,
how
will
that
impact
the
small
by
pop
businesses?
Don't
answer
that
yet
and
I'm
happy
to
take
a
call
afterwards
to
find
out-
and
you
mentioned
you
mentioned
it-
will
set
up
roadblocks.
So
tell
me
what
those
roadblocks
look
like
and
how
those
roadblocks
might
intensify
negative
effects
on
bipar,
small
bipod
businesses.
C
Thank
you,
madam
chair,
so,
to
answer
your
first
question,
I
would
like
to
follow
up
with
you.
After.
F
This
hearing,
we
can
talk
more
about
how
we
can
you
know,
get
that
information
to
you
on
bypass
businesses.
As
far
as
the
roadblocks
that
I
think
we
feel
this.
This
creates
this
unnecessary,
ineffective
framework
of
documentation
that
really
won't
stop
the
bad
actors,
but
instead,
if
a
seller
who
is
using
amazon
cannot
provide
this
information
quickly
or
just
inform
us
of
it,
it
can
inadvertently
kick
them
offline
until
they
can
comply.
F
Secondly,
there
was
some
discussion
about
the
information
that's
posted
and
allowing
for
small
businesses
not
to
post
their
personal
information.
We
think
that
it
could
create
a
stigma
that
those
true
small
businesses
who
are
operating
on
online
marketplaces,
if
they're
now
not
listing
their
their
email
address
or
phone
number,
because
they're
just
starting
up
and
don't
have
a
business
address.
This
could
inadvertently
hurt
them
as
well,
but
again
happy
to
follow
up
more
with
you.
A
Okay,
thank
you.
In
case
you
haven't
noticed
I'm.
As
I
said
before,
the
business
is
owned
by
majority
population,
including
amazon.
Three
thousand
dollars
is
like
saying:
can
you
buy
me
a
case
of
cokes
but
you're,
a
small
business
person
that
may
be
all
they
have
so
please
follow
up
with
me
and
I'm
gonna
ask
if
you
will
work
with
the
sponsor
to
see
if
she
can
address
any
of
those
any
of
those
questions,
and
I
will
apologize
beforehand
to
anyone
who
may
be
in
opposition.
A
That
had
not
heard
me
ask
this
before,
but
but
I
thought
about
it
when
mr
walker
talked
about
small
businesses
and
we
certainly
have
got
to
make
sure
that
we're
protecting
small
businesses,
but
we
also
have
to
make
sure
we're
looking
out
for
the
small
bipod
businesses.
So
thank
you
so
much
so
get
with
give
me
my
la
and
let's
talk,
okay.
F
G
A
Thank
you
yeah,
and
I
I
apologize
you
senator
neil
and
anyone
else
that
I
didn't
think
of
that
earlier,
but
it
will
weigh
heavily
on
at
least
my
decision
so
broadcast.
You
may
be
resume.
Those
who
are
in
opposition.
H
F
Good
morning,
cherry
members,
my
name
is
cameron,
dimitri,
dimitri
d-e-m-e-t-r-e
and
I'm
the
executive
director
at
technet
techno's,
the
national
bipartisan
network
of
tech,
ceos
and
senior
executives
that
promotes
the
growth
of
the
innovation
economy.
We
represent
over
85
companies
and
3.5
million
customers.
F
While
we
appreciate
the
ongoing
conversations
with
the
author's
office,
technet
respectfully
opposes
sb
314.
The
intent
of
the
bill
is
aimed
at
protecting
consumers
from
illegal,
stolen
or
counterfeit
goods.
However,
sb
314
would
hurt
small
businesses
and
individual
sellers
and
create
privacy
risks.
F
F
The
bill
would
thus
force
online
marketplaces
to
choose
between
increased
that
threats
of
liability
or
simply
removing
listings
from
nevada's
small
businesses.
While
again,
no
similar
requirements
are
placed
on
those
retailers
related
to
privacy
risks.
Sp
314
would
force
nevadans
to
compromise
private
information
in
order
to
continue
selling
on
online
platforms
and
those
unwilling
to
divulge
highly
personal
information
would
be
forced
to
stop
listing
their
products
and
lose
essential
revenue.
F
The
public
could
easily
learn,
for
example,
the
home
address
of
the
grandmother
and
sparks
who
makes
themselves
hand-knitted
face,
masks,
thus
compromising
her
privacy.
The
open
display
of
such
personal
information
required
of
entrepreneurial
nevadans
with
innovative
products
and
citizens
monetizing
their
hobbies,
among
others,
could
potentially
lead
to
a
very
dangerous
situation.
A
Thank
you
broadcast
is
the
caller
still
on.
A
Okay,
yeah,
and
so
I'm
gonna,
I'm
gonna
ask
you
to
do
the
same
thing
for
me
that
I
just
asked
the
gentleman
from
amazon.
There
are
some
roadblocks
and
there
are
some
things
that
you
have
identified.
That
would
hurt
small
businesses.
Do
me
a
favor,
please
contact
shelby,
my
l.a
and
I'd
like
to
I'd
like
to
see
and
hear
what
those
are,
and
I
want
to
make
sure
that
the
sponsor
of
the
bill
is
there
as
well.
Okay,
thank
you.
A
Yeah,
I've
mentioned
bipod
committees,
I
mean
small
businesses,
but
I'm
sitting
here
and
I'm
I'm
writing
down
those
people
who
I
know
those
businesses
I
know,
have
had
a
tough
time
and
those
include
veteran-owned
businesses.
Those
include
women-owned
businesses.
Those
include
anybody
who's
in
the
gba
category
and
the
impact
of
the
pandemic
has
been
has
reverberated
throughout
the
world.
A
But
there
are.
There
are
some
people
who
have
suffered
so
severely
that
the
tremors
of
the
earthquake
are
still
being
felt,
and
I
really
want
to
make
sure
that
we're
doing
all
we
can
for
them
and
that's
nonpartisan.
That's
that's
just
trying
to
make
sure
we're
doing
the
right
thing
for
for
people
for
whom
don't
have
a
voice.
Okay,
so
please
get
with
please
get
with
shelby
I'd
like
to
meet
with
you
all
as
soon
as
possible.
H
G
Begin
good
morning,
chair,
spearmen
and
members
of
the
committee
edith
duarte
edith,
dua
rte
with
strategies
360
today
representing
ebay.
First,
I'd
like
to
thank
the
sponsor
for
meeting
with
the
industry
coalition
last
week.
Unfortunately,
we
still
have
to
come
in
opposition
today.
Ebay
is
a
mission-driven
e-commerce
platform
that
connects
sellers
with
buyers
across
the
globe.
Our
platform
has
been
a
lifeline
for
small
businesses,
especially
during
covid
and
the
67
000
nevada
sellers
that
utilize
the
technology.
G
We
have
expressed
our
concerns,
and
I
just
like
to
lay
out
some
of
them
here
today.
Trust
and
safety
are
trust
and
safety
on
the
site
are
paramount
to
the
buyer
and
seller
experience.
We
do
not
want
stolen
goods
on
our
sites
either.
Unfortunately,
the
bill
does
not
prevent
organized
retail
crime,
but
instead
would
create
burdensome
policies
that
infer
unfairly
disadvantaged,
small
online
businesses
and
favor
the
big
box
retailers.
G
It
would
impact
the
number
of
sellers
on
or
decrease
the
number
of
sellers
on
our
site
by
making
it
harder
to
use
the
marketplace
and
make
a
living
to
subsidize
their
income.
Annual
verification
of
the
expensive
list
of
information
for
these
sellers
would
also
be
challenging
for
even
the
most
established
online
marketplaces.
G
G
Our
company
is
also
has
a
long-standing
commitment
to
both
consumer
rights
and
owner
protection.
We
use
technological
tools,
processes
and
personnel
to
prevent
prohibited
items
from
being
listed
on
our
platform
or
expeditiously,
removing
any
items
not
allowed.
We've
partnered
with
retailers,
with
brands
with
regulators,
we've
implemented
policies,
and
we
worked
with
law
enforcement
and
our
attorney
general's
consumer
protection
bureau
to
enforce
our
policies,
find
and
remove
these
actors
who
are
unlawfully
using
our
marketplace.
G
A
Thank
you
caller.
Thank
you,
I'm
going
to
ask
you
to
do
the
same
thing
that
I've
asked
the
previous
callers.
Everyone
has
spoken
and
I
don't
know
maybe
the
other
committee
members
can
discern
that.
But
it's
been
in
vague
terms
about
this
will
hurt
this
will
hurt
but
nobody's
giving
me
any
examples,
and
also
what
does
this
mean
to
small,
bypoc
and
dba
businesses,
so
please
get
with.
A
It
was
tell
me
we'll
set
up
a
meeting
very
soon
with
all
interested
parties,
along
with
the
bill
sponsor,
and
I
share
neil.
I
hope
you
will
invite
mr
walter
and
anyone
else
that
needs
to
be
there,
so
we
can
iron
out
these
questions.
My
biggest
concern
right
now
in
case
you
haven't
noticed
my
biggest
concern
right
now,
is
how
lack
of
this
type
of
transparency
has
hurt
and
will
hurt
small
by
park.
Dba
businesses.
A
That's
my
biggest
concern
right
now
and
I
think
that
some
of
the
some
of
the
information
that
is
required
by
this
bill
is
probably
the
same
information
that's
required
on
a
1099,
but
we
can
go
through
that
when
we
meet
continue
broadcast.
Thank
you.
H
H
F
F
I
am
in
neutral
on
this
bill,
but
I
will
definitely
be
meeting
with
mr
walker
to
discuss
any
implications
to
small
business
as
well
as
meet
with
the
sponsor
to
discuss
any
issues
we
might
have
with
small
business.
A
Thank
you
so
we'll
go
back
to
committee
members.
Are
there
any
additional
questions
or
comments.
A
Some
of
you
all
on
both
sides
of
this
issue
have
met
with
me
previously
and
during
our
conversations
when
you
were
explaining
to
me
why
you
were
in
support
or
why
you
would
be
in
opposition,
it
did
not
occur
to
me
until
mr
walter
mentioned
small
businesses
that
this
may
be
something
that
would
help
them
back
in
august
of
2020
legislature,
both
houses
and
the
governor
issued
a
proclamation
declaring
that
racism
is
a
public
health
crisis,
and
it
is
my
firm,
my
firm
commitment
that
we
cannot
do
business
as
usual
during
this
session
and
just
look
at
everything.
A
Prima
facie
we've
got
to
make
sure
we're
going
below
the
surface
to
see
how
that
impacts,
whether
positively
or
negative,
how
it
impacts
small
bipod
businesses
and
dba
businesses.
That's
a
that's,
a
very
big
concern,
because
larger
businesses
can
recover
three
thousand
dollars.
They
may
be
able
to
recover
ten
thousand
dollars,
but
to
a
small
business
person
that
could
be
the
difference
between
them,
making
it
or
losing
everything
that
they
had
in
their
life
savings
and
or
their
retirement.
A
So
that
is
my
primary
concerns
to
those
of
you
who
have
asked
to
call
and
make
make
an
appointment
with
shelby
just
know
that
going
in
my
primary
concern
is:
what
does
this
bill
do
to
help
or
hurt
small
businesses
and
what
has
the
environment
that
we
live
in
right
now
in
this
pandemic?
What
has
happened
to
those
businesses
as
a
result
of
not
having
this
legislation
in
place?
Okay,
thanks
a
lot
all
right,
sure,
neil!
You
have
any
closing
comments.
A
E
Madam
chair,
thank
you
so
I
I
have
put
the
olive
branch
out
to
the
folks
in
opposition.
However,
I
I
feel
like
the
general
concept
of
the
bill
is,
is
very
it's
important.
E
I
also
want
to
make
sure
that,
as
we
move
over
to
whatever
the
chair
feels
in
her
wisdom
is
the
middle
ground
that
I
should
find
that
we
we
recognize
that,
if
you're
doing
business
in
as
an
online
retailer,
there
is
some
regulation
that
needs
to
occur
right,
it's
not
and
and-
and
that
is
parody,
because
if,
if
a
brick
and
mortar
store
has
to
identify
what's
on
their
shelves
and
be
an
answer
to
a
customer,
it
is
the
same
behavior
that
we
are
requiring
from
an
online
seller.
E
And
so
I
don't
think
that
that's
a
super
stretch.
I
think
that
that
is
basic.
Consumer
protection
is
to
be
able
to
identify
the
good
that
you
are
selling,
that
is
from
a
third
party,
that's
being
put
on
the
platform,
and
so
I
don't
know
if
mr
walker
has
any
closing
comments.
C
Brian
walker,
with
the
retail
association
for
the
record.
Thank
you
senator
neil.
I
would
just
say
we
heard
a
lot
about
roadblocks
and
what
senate
bill
314
puts
them
up,
but
I
think
roadblocks
is
an
interesting
way
of
defining
consumer
protections,
and
what
we're
looking
at
is
is
making
sure
that
a
level
of
transparency,
a
de
minimis
level
of
transparency,
exists
against
all
sellers
who
sell
products
into
nevada,
whether
they
are
brick
and
mortar
or
online.
C
C
A
Thank
you
and
vice
chair
neil,
the
thing
that
I'm
going
to
focus
on
when
we
meet
and
any
type
of
middle
ground
that
we
come
to
will
be
in
favor
of
small
by
park
and
dba
businesses
we'll
be
in
favor
of
that
because,
as
I
said
before,
they're
the
ones
that
will
have
a
very
difficult
time
adjusting
and
many
of
them
are
probably
the
same
ones
who
have
been
in
business
less
than
five
years.
A
My
focus
is
going
to
be
on
them,
so
anyone
that
I've
asked
to
meet
with
me
please
come
prepared.
Tell
me
how
this
will
help
or
hurt
those
businesses,
not
platitudes.
I
need
specifics.
Okay,
so
thank
you
and
I
think
with
that
we
will
close
the
hearing
on
senate
bill
314
and
open
the
hearing
on
senate
bill
320.
A
and
senator
just
before
you
get
started.
Let
me
just
say
this
again
and
I
think
every
committee
that
I've
been
in
whether
it's
chair
or
vice
chair,
I've,
said
this,
and
I
just
need
people
to
understand
for
me
cena
concurrent
resolution.
One
was
not
just
pretty
words,
it
was
not.
It
was
not
something
that
would
look
good
or,
you
know,
be
a
good
photo
for
me.
A
I
said
the
same
thing:
everything
that
I
do
this
session,
I'm
going
to
be
looking
at
all
bills,
all
of
my
bills
and
any
bills
that
come
to
this
committee
through
the
lens
of,
do
they
help
or
hurt
the
people
who
have
been
disproportionately
shut
down
and
shut
out.
So
that's
my
concern.
That's
my
concern.
It's
nothing
personal
for
or
against
anyone.
That
is
my
concern.
A
E
Thank
you,
madam
chair
good,
good
morning
again,
I'm
here
to
present
sb
320,
which
is
focused
on
third-party
food
delivery
platforms.
I'm
just
going
to
jump
right
into
the
bill
because
we
have
a
third
bill
from
one
of
our
members
on
the
committee.
E
If
once
it's
so,
I
need
you
guys
to
reference
the
amendment
that
is
in
the
exhibits.
I
did
talk
to
the
third
party
retailer.
I
mean
third-party
platforms
and
this
is
this
is
pretty
much
the
amendment
that
I
feel
is
the
best.
E
When
I
created
this
bill,
I
went
and
looked
at
several
different
states
or
cities
that
had
a
third
party
ordinance-
and
you
know,
nevada,
is
very
specific
and
sometimes
we're
super
unique.
You
never
want
to
take
cookie
cutter
language
that
maybe
was
in
chicago
or
rhode
island,
but
you
want
to
try
to
build
a
build
that
reflects
what's
going
on
in
nevada,
so
I
took
various
parts
from
other
places
and
and
placed
it
in
the
commission
language
that
is
in
the
bill.
That
is
highly
contentious.
E
If
the
members
would
like
to
see
it,
I
took
it
directly
from
the
city
of
chicago
that
had
passed
an
ordinance
to
deal
with
the
commission
language
and,
although
I
have
struck
out
portions
of
that
in
the
bill
I
wanted
to.
Let
the
committee
know
that
I
didn't.
I
didn't
manufacture
that
language
out
of
the
sky.
I
pulled
it
directly
from
a
city
that
is
very
dense
and
extremely
populated
where
they
had
enforced
this
provision.
So
if
you
look
at
sections
two,
three
four
and
five-
those
are
all
definitions.
E
Six
is
also
section.
Six
is
also
a
definition
about
food.
Dispensing
establishment,
seven
is
discusses.
Food
price
and
section
eight
discusses
likeness,
an
identified
symbol,
and
this
is
super
important,
because
the
bill
deals
with
menu.
Stealing,
it
has
three
parts
menu,
stealing
transparency
of
the
receipt,
and
then
the
commission
language,
section
8
section
9-
is
the
online
food
order.
E
Section
10
is
the
total
online
food
price
section
11
that
defines
what
is
a
user
section.
12
defines
basically
spells
out
that
if
a
food
delivery
service
platform
provider
shall
not
facilitate
an
online
order
involving
food,
dispensing,
etc,
etc,
unless
they
have
entered
into
a
written
agreement
with
the
food
dispensing
establishment
that
is
especially
authorized.
E
The
purpose
of
that
language
was
to
number
one
prevent
menu,
stealing
using
the
likeness
of
a
restaurant
without
their
permission.
E
E
Section
13
basically
says
that
the
food
dispensing
establishment
at
any
time
must
submit
a
written
request
to
the
food
service
platform
to
remove
any
item
that
was
not
agreed
upon.
It
also
changed
the
time
period
because
initially
the
language
says
immediately,
and
there
was
a
question
of
what
is
immediately
the
amendment
says
within
48
hours.
You
must
remove
this
food
to
this
restaurant
from
the
food
delivery
platform
if
they
have
not
agreed
to
it,
it
kicks
into
a
penalty
in
sub
three.
E
I
believe
I
pulled
this
from
rhode
island
that
basically,
a
civil
penalty
will
kick
in
500
a
day
for
the
violation
and
the
reason
why
I
put
that
on.
There
is
because
number
one.
If
this
is
a
business
to
business
transaction,
you
shouldn't
be
taking
a
restaurant's
menu
or
their
symbol,
symbol
or
image
and
using
it
without
their
permission.
And
if
you
are
doing
that,
then
I
feel
that
this
is
something
that
should
derive
a
penalty,
because
you
are
basically
misusing
a
restaurant's
intellectual
property
for
your
own
benefit.
E
So
in
section
14
it
just
spells
out
that
a
food
delivery
platform
should
not
or
shall
not
use
the
likeness
registered
trademark.
Intellectual
property.
E
16
is
the
transparency
part
of
the
bill
which
lays
out
what
we
want
to
get
from
a
food
delivery
service
platform
and
what
they
must
disclose
in
an
open
and
plain
way:
the
price
of
the
food
sales,
tax,
delivery
fee
or
service
any
gratuity,
and
this
is
where
we
get
into
the
commission,
which
was
amended,
which
then
focuses
on
the
aggregate
food
purchase
that
should
also
be
on
the
receipt.
E
E
E
This
just
allows
the
transparency
for
this,
for
this
actual
food
that
you're
going
to
be
purchasing,
and
then
it
places
a
cap
on
the
actual
fees
up
to
20,
but
it
ends
when
the
emergency
order
by
the
governor
ends.
The
argument
that
was
presented
to
me
by
the
third
party
of
platforms
was
that
you
know
there's
a
free
market
at
play.
You
don't
want
the
cap
to
go
beyond
the
pandemic.
I
agreed
with
the
free
market
concept
that
you
know.
E
The
cap
should
only
be
a
part
of
the
window
related
to
the
pandemic
and
the
emergency
where
individuals
were
trapped
in
their
home
could
not
go
out
or
didn't
want
to
go
out
to
buy
food
or
sit
in
a
restaurant,
because
the
restaurants
were
no
longer
at
you
know,
100
capacity
they
were
at
50,
you
know
25
capacity,
and
so
the
third
party
delivery
expanded
in
a
significant
way.
E
The
amendment
at
the
back,
which
excludes
the
grocery
store
convenience
store.
This
was
what
the
restaurant
association
included,
because
the
third-party
delivery
persons
felt
that
we
were
including
grocery
stores.
That
was
not
our
intent
to
attach
them
into
this
legislation.
E
I
do
have
alexandria
on
the
line
from
the
restaurant
association.
She
is
co-presenting
with
me.
I
wanted
her
to
go
deeper
dive
into
the
menu
and
also
she
has
there's
a
third
person
on
the
line
who
will
get
into
other
parts
of
the
bill
because
they
have
experienced
it
firsthand
and
I
wanted
them
to
be
able
to
break
it
down
in
real
time
of
what
those
provisions
mean.
So
alexandria,
are
you
on?
E
B
I
am
okay
go
ahead.
Thank
you.
Senator
neil
chair
and
members
of
the
committee
for
having
me
testify
before
you
today
for
the
record.
My
name
is
alexandria,
dazlich
and
I'm
the
director
of
government
relations
for
the
nevada
restaurant
association.
I
want
to
thank
senator
neil
for
bringing
this
important
restaurant
issue
to
discussion
today.
B
The
intent
of
sp
320
is
to
balance
the
power
dynamic
between
restaurants
and
third-party
delivery
providers
for
the
past
year.
The
kubern
19
pandemic
has
severely
limited
indoor
capacity
and
dining
capacity
and
has
resulted
in
artificial
dependence
on
delivery,
which
hasn't,
given
the
market
time
to
naturally
adjust
to
give
you
a
bit
of
a
context
of
the
growth
of
the
third-party
delivery
sector
prior
to
the
pandemic.
B
Third-Party
delivery
made
up
around
five
percent
of
most
operators
total
business.
For
most
it
now
makes
up
to
15
percent
or
more
through
many
of
the
covet-related
restrictions.
Restaurants
have
become
expected
to
use
third-party
delivery
providers
or
lose
out
on
what
little
revenue
they
could
make.
B
It
is
in
this
forced
reliance
on
delivery
that
the
issues
between
restaurants
and
third-party
providers
have
worsened
as
dining
capacity
continued
to
be
limited
during
the
pandemic.
Third-Party
providers
continue
to
charge
restaurant
operators
up
to
30
percent
per
order,
in
addition
to
the
delivery
cost
to
the
customer.
B
B
It
was
during
our
discussions
with
restaurants
that
other
issues
like
menu,
stealing
and
building
transparency
quickly
became
part
of
a
bigger
discussion
at
the
county
level.
It
then
became
our
mission
to
pass
legislation
that
would
protect
our
restaurants
statewide
by
supporting
legislation
that
would
provide
billing
transparency
and
prohibit
menu
stealing
menu.
Stealing
is
another
major
issue
for
restaurants
that
discover
the
authorized
use
of
their
menu
or
logo
on
third-party
delivery
websites
and
applications.
B
In
addition,
there
have
been
many
instances
of
botched
orders
either
due
to
human
error
or
because
the
dish
is
no
longer
available
or
requires
further
specification,
which
often
results
in
food
being
delivered
late,
cold
or
not
what
they
ordered
when
these
problems
occur.
Customers
often
call
the
restaurant
to
complain,
and
this
puts
the
restaurant
in
the
unfortunate
position
of
being
blamed
for
mistakes.
That
did
not
happen
and
they
cannot
fix.
B
These
tech
companies,
which
include
third
party
delivery
providers,
are
part
of
the
new
frontier
that
is
exciting
and
makes
our
lives
a
lot
easier.
However,
they
come
at
a
price
of
many
restaurants
if
left
unchecked
as
big
tech
develops,
brand
new
sectors
of
the
economy,
rules
and
regulations
are
needed
to
protect
our
vital
industries
like
restaurants,
common
sense
legislation
like
consent
between
restaurants
and
a
third
party
delivery
provider,
as
well
as
billing,
transparency
that
requires
providers
to
disclose
their
price
breakdown,
to
educate,
restaurants
and
consumers
as
necessary
as
we
move
forward.
B
B
B
Since
the
beginning
of
the
pandemic,
more
than
80
percent
of
our
members
have
lost
upwards
of
70
percent
of
their
normal
revenue,
while
over
30
percent
have
closed
permanently.
We
need
to.
We
need
everything
that
we
can
do
to
help
safeguard
our
restaurant
industry,
which
has
been
devastated
by
the
pandemic.
A
D
Mute
sorry,
I
thought
it
unmuted.
Are
we
good
so
I'll
start
over
for
the
record?
My
name
is
kristen
carol,
I'm
one
of
the
owners
of
tucker
terry
in
a
popular
vegan,
vegan
mexican
restaurant.
Here
in
las
vegas.
We
currently
have
two
locations
with
plans
to
open
two
more
by
the
end
of
the
year.
Fun
fact
our
southwest
location
is
in
senator
schreibel's
district
and
our
new
henderson
location
is
going
to
be
in
senator
pickard's
district.
D
These
tech
giants
are
not
working
to
help
restaurants
as
they
claim
it's
actually
quite
the
opposite,
but
with
restaurants
struggling
to
survive,
a
global
pandemic
and
delivery.
Seemingly,
here
to
stay,
we
need
to
figure
out
how
to
begin,
to
put
some
regulations
on
companies
that
currently
answer
to
no
one
did
you
know
that
companies
like
grubhub,
doordash
and
uber
aren't
even
required
to
carry
a
basic
business
license
in
most
of
our
local
jurisdictions
in
nevada,
with
the
exception
of
unincorporated
clark
county?
Why
do
billion
dollar
silicon
valley?
D
Companies
can
constantly
get
a
pass
that
us
small
business
owners
are
not
afforded.
Currently,
the
the
average
fee
per
order
on
the
big
three
platforms
is
somewhere
between
30
and
35
percent,
and
for
most
small
businesses,
and
especially
by
poc
businesses.
These
are
non-negotiable.
D
The
national
average
for
restaurant
profits
pre-pandemic
is
only
four
to
eight
percent.
When
the
pandemic
hit,
I
worked
with
the
county
to
pass
a
cap
on
those
fees
and
keep
them
at
15
that
cap
alone
saved
local
restaurants.
Thousands
of
dollars
during
the
beginning
of
the
pandemic,
our
takletarian
southwest
location,
paid
nearly
7
000
in
a
few
months
in
just
third
party
delivery
fees.
When
you
compare
that
to
our
rent,
which
is
only
3
500,
it
seems
rather
daunting.
Now
we
are
lucky.
D
We
run
a
very
successful
brand
with
a
very
loyal
following,
but
for
some
small
restaurants
they
were
forced
to
decide
whether
to
pay,
mobster-type
billionaires
or
pay
their
rent.
Most
customers
have
no
idea
what
fees
are
being
imposed
on
restaurants
or
themselves,
which
is
why
building
transparency
is
so
important
when
tuckertarian
started
putting
out
content
via
social
media
about
how
the
how
much
these
delivery
apps
were
charging
us
most
of
our
customers
were
very
upset.
D
They
knew
they
were
paying
a
little
more,
but
they
didn't
know
how
much
more
and
that
they
didn't
know
that
the
restaurants
were
being
charged
at
all.
In
fact,
many
restaurants
don't
even
know
what
they're
being
charged.
There
is
no
clear
breakdown
on
the
restaurant
side
either
we
are
constantly
seeing
fees
added
without
transparency
on
what
we
pay.
It
seems.
Transparency
is
a
hot
button
issue
today,
but
I
can't
figure
out
why,
when
you
go
to
the
grocery
store,
you
purchase
your
groceries
and
you
get
a
receipt
with
every
fee
that
is
charged.
D
Why
shouldn't
third
party
delivery
apps?
Have
that
same
transparency
that
every
other
store,
restaurant
and
business
has.
This
is
not
proprietary
information,
it's
actually
backdoor
price
fixing.
If
you
wanted
to
create
a
free
and
fair
market
like
everyone
keeps
discussing,
the
apps
would
need
to
compete
on
the
customer
level.
Competitive
pricing
is
what
capitalism
is
built
on.
I
know
regulating
these
silicone
companies
feels
new
and
therefore
like
uncharted
territory,
but
we
have
to
put
common
sense
laws
in
place
to
protect
our
small
businesses.
D
We
at
tacoterrian
are
starting
our
own
food
delivery
co-op
and
we
have
hundreds
of
restaurants
signed
up
on
the
platform
before
we've
even
begin
to
start,
so
you
could
say
I'm
in
the
same
boat
as
grubhub,
doordash
and
uber,
I'm
technically
one
of
them
offering
the
same
services,
but
as
a
community
co-op.
Yet
I'm
not
standing
here
in
support
with
them.
I
mean
I'm
not
standing
here
in
opposition
with
them,
I'm
speaking
in
support,
because
I
know
when
you
operate
with
ethics
and
integrity,
there's
simply
nothing
to
hide.
D
So
I
urge
you
to
support
this
bill.
Please
choose
local
restaurants
like
mine
over
silicon
valley,
restaurants,
that
are
the
lifeblood
of
nevada
and
people
who
invested
their
life
savings
into
our
restaurants.
Let's
work
together
to
raise
up
local
businesses
and
put
common
sense
food
delivery
regulations
in
place.
Thank
you.
D
E
A
I
Thank
you,
madam
chair,
you
should
always
look
at
me.
I
suppose
I
always
have
a
question
or
two
so.
I
I
try
first,
let
me
say:
I'm
sympathetic
to
the
desire,
particularly
towards
transparency,
as
has
been
stated
thousands
of
times.
Sunlight
is
a
great
disinfectant.
I
heard
it
this
morning,
but
I
I
while
I
I
appreciate
particularly
miss
corral's
presentation.
I
think
that
it's
a
little
an
opposite.
I
don't
believe
that
much
of
the
information,
particularly
in
the
level
of
detail,
that's
required
in
the
bill
is,
is
that
it's
not
proprietary.
I
I
believe
it
is
to
use
that
example
grocery
stores
they
don't
put
the
cost
of
goods
sold,
they
don't
put
their.
You
know
the
the
shipping
charges
and
things
that
we
would
normally
see
in
this
bill.
I
So
I
I
let
me
ask
this
first.
Does
you
know
when,
when
we
talk
about
the
I'm,
looking
at
section
three
sub
three
we're
looking
at
a
a
marketing
or
does
the
food
delivery
service
provider
charge
these
outfits
for
advertising
on
their
space.
B
Senator
pickard
for
the
record
alexander
jaslich,
with
the
nevada
restaurant
association.
They
do
charge
for
advertising.
That
is
usually
an
additional
cost
that
the
restaurant
can
opt
into.
I
All
right,
but
they're
not
forced
to
pay
that
that
would
be
if
they
want
to
publish
an
ad
on
the
on
the
site
they
may
choose
to
do
so.
Do
I
understand
that
correctly.
I
All
right,
thank
you
and
then
looking
at
section
14,
the
misappropriation
of
a
trademark.
Isn't
I
mean
that's
already
illegal
federal
and
state
law,
you
can't
misappropriate
someone's
image
or
likeness
whether
they're
a
person
or
a
business.
E
Thank
you
for
that.
So
the
reason
why
we
added
this
is
because
it's
my
understanding
that,
in
regards
to
the
on
the
third
party
food
delivery,
that
this
is
not
a
direct
application
to
them.
I,
when
I
spoke
with
legal
about
drafting
this
bill,
they
seemed
to
fall
out
of,
and
we
needed
to
make
sure
that
there
was
a
specific
designation
that
they
were
brought
into
our
statute
under
that
that
was
my
understanding.
I
All
right,
perfect,
okay,
that
answers
that
one.
Well,
I'm
not
sure.
I
understand
why
word
were,
and
I
was
told
that
the
amendment,
although
I'm
not
following
it,
I'm
not
finding
it
rather
removed
the
private
right
of
action
in
section
15..
I
think
that's
probably
a
good
idea
to
allow
that
rather
than
delete
it
but
I'll
skip
over
that,
and
then
can
you
I'm
looking
at
16
section
16..
I
Sorry
not
sure
how
that
happened,
I'm
not
sure
how
much
you
you
heard
did
anyway,
I'm
looking
at
section
16..
I
I
I
object
to
it.
I
always
scratch
that
out
when
they
do,
because
that's
up
to
me,
the
buyer
and
then,
but
so
I'm
not
opposed
to
that.
But
then
the
commission
associated
that
what
the
online,
what
the
restaurant
is
paying.
I
view
this,
as
you
know,
cost
of
goods
sold.
I
This
is
a
this
is
proprietary
and
by
publishing
this
aren't
we
putting
each
of
the
the
the
platforms
in
a
position
of
giving
out
all
their
information,
their
their
cost
information
to
their
competitors,
and
thus
they
lose
any
competitive
advantage
that
they
may
get,
whether
it's
through
volume,
pricing,
and
I
know
that
favors
the
chain
stores
you
know-
they'll-
be
able
to
buy
in
larger
bulk
and
maybe
get
a
better
price.
But
don't
we
disadvantage
the
businesses
and
their
ability
to
negotiate
a
better
price.
E
So
before,
thank
you
for
the
question
senator
pickard
and
then
I'm
going
to
have
alexandria
address,
but
I
do
want
to
make
sure
that
we
put
this
in
the
record
for
the
amendment.
The
amendment
is
in
the
exhibit
it
did
come
in
late
yesterday.
But
if
you
go
to
lines
section
16,
sub
c,
where
it
references
section
17
in
section
17,
all
of
us
well,
majority
of
section
17-
is
struck
out
from
section
17
sub
2
a
a
b
3,
a
and
3b
that
is
struck
out
the
green
language.
E
That
is
added
into
the
amendment
which
is
now
part
of
the
section
so
remove
section
and
then
go
to
section
16
sub
d,
where
basically
it
says
a
statement
that
indicates
that
a
commission
is
to
be
paid
by
the
food
dispensing
establishment
in
connection
with
the
online
food
order,
including
a
disclosure
of
the
commission,
expressed
as
a
percentage
of
the
aggregate
food
purchase
price
on
the
deliveries
by
the
food
delivery
service
platform.
B
For
the
record,
alexander
of
the
nevada,
restaurant
association,
so
when
the
bill
was
originally
introduced,
we
wanted
to
include
a
breakdown
of
costs
regarding
the
amount
that
the
restaurant
would
pay
per
order.
B
After
speaking
to
the
third
party
providers,
we
understood
that
that
was
something
that
was
a
big
ask,
especially
because
it
was
you
know,
computing
systems,
kind
of
talking
to
each
other
on
a
per-order
basis.
That's
a
big
ask,
and
so
we
spoke
about
the
idea
of
making
an
aggregate
number
coming
up
with
an
aggregate
number
so
that,
on
that
that
receipt,
it
would
include
everything
that
you
would
usually
include,
which
is
the
price
of
food.
The
tax
associated
you
could
include.
B
You
know
the
amount
that
was
tipped
to
the
driver,
whether
or
not
they
decided
to
tip,
and
then
you
know
how
much
the
restaurant
is
paid
on
average
or
has
to
pay
on
average.
I
don't
think
we're
asking
for
proprietary
trade
secrets.
I
think
we're
just
asking
them
for
clarification.
B
The
posting
what
they
charge
for
restaurants,
so
that
the
public's
aware,
when
they
use
a
third
party,
it
often
time
times,
isn't
in
the
best
interest
of
the
small
and
independent
restaurants
and,
like
you
said,
senator
pickard,
they
don't
have
that
negotiating
power.
I
think
that's
part
of
the
education
that
consumers
aren't
even
aware
of.
I
know
kristin's
dealt
with
a
lot
of
education
in
regards
to
dealing
with
these
tech
companies,
because
it's
such
an
easy
one,
one
stop
one
click.
They
don't
realize
that
you
know
they're
double
double
billing.
B
Essentially,
not
only
are
they
charging
the
consumer
a
delivery
fee,
but
they're
also
charging
the
restaurant
an
exorbitant
amount.
30
per
order
is
absolutely
ridiculous.
You
know
our
restaurants
aren't
even
making
money
per
order,
and
you
know
in
a
time
where
they're
they're
limited
for
indoor
capacity-
it's
just
it's
not
even
feasible
to
use
them.
Yet
everyone
expects
to
use
them
or
the
delivery
provider
or
delivery
drivers.
I
should
say,
show
up
and
they
basically,
you
know,
are
menu
stealing
and
saying.
Well,
we
have
an
order.
B
You
know
for
this
particular
customer
and
then
they
take
it
and
then
that's
how
they
kind
of
get
away
with
it.
They
skirt
skirt
around
the
whole
issue
of
them
even
being
able
to
to
consent
and
have
a
relationship
with
that
particular
restaurant.
B
So
you
know,
I
think
education
with
the
consumer
is
vital
to
survival
of
nevada
restaurants
and
we
need
to
understand
this
relationship
or
perhaps
redefine
the
relationship
with
these
big
tech
conglomerates,
so
that
consumers
really
understand
that
when
they
use
their
services,
mom
and
pop
restaurants
operate
at
a
loss,
and
I
think
that's
really
important
to
the
education.
I
think
by
not
disclosing
those
types
of
commissions.
I
think
that's
that
will
contribute
to
the
closure
of
restaurants,
especially
during
the
pandemic.
B
If
they're
all
you
know
not
disclosing
their
rates,
then
they
get
to
control
the
market
rate
versus
if
they
disclose
their
actual
rates,
which
will
you
know
differ
depending
on
the
restaurant,
then
they
would
be
forced
to
compete
to
offer
the
restaurants
the
best
deal.
I
don't
see
anything
wrong
with
that.
Neither
do
our
restaurants.
B
What
I
do
see
is
wrong
is
keeping
the
public
and
even
restaurants
in
the
dark
about
how
they
come
up
with
what
they
charge,
and
you
know
the
fees
associated
with
that.
I
Sure,
and-
and
I
appreciate
that
response
I
mean,
of
course,
what
is
acceptable
to
one
party
is
going-
could
be
acceptable
or
considered
proprietary
by
the
other
side,
and
I
wouldn't
expect
you
to
find
it
inappropriate
since
you're
asking
for
this.
I
guess
where
I'm
coming
from
is
you
know
we're
at
a
level
of
detail
that
I
think
is
proprietary
personally
and
I'm
all
for
the
small
restaurants.
I
I
mean
that's
usually
who
I
go
to,
and
and
so
I
I
just
think
you
know
if
we
were
looking
for
transparency,
a
better
response.
Might
you
know,
and
again
it's
all
where
you
draw
the
line
and
I
might
draw
the
line
to
say
to
include
16
b3
with
d
and
in
other
words,
the
the
the
delivery
charges
plus
the
commissions,
lump
that
all
together
and
allow
for
some
competition
within
the
industries.
I
But
miss
corral
makes
a
great
point
on
this
and
that's
if
the
businesses
don't
want
to
use
these
services,
they
can
band
together
and
and
create
another
option.
That's
exactly
the
kind
of
competition
that
we
should
be
seeing.
I
just
I
tend
to
resist
going
too
far,
and
but
anyway,
I
I've
taken
enough
time.
I
I
appreciate
your
indulgence
again,
I'm
not
antagonistic
to
this
idea.
I
just
don't
want
to
go
too
far
into
what
the
you
know.
I
I'm
no
expert
in
this
business.
I
I
I
don't
know
what
is
and
isn't
their
fair
share,
which
is
another
overused
term
in
this
building.
I
We
need
to
get
into
the
the
details,
to
the
extent
that
we
want
to
make
sure
we're
not
gouging
that
we're
not
taking
advantage,
particularly
in
this
self-imposed
economic
downturn,
we
I'm
in
favor
of
consumer
protection.
I
just
think
this
may
go
a
little
too
far
anyway.
E
I
I
Did
I
see
that
and
and
but
it
doesn't
do
away
with
separation
of
the
service
delivery
fee
from
the
commission
paid
and
we're
starting
to
get
into
the
internal
financial
side
of
the
business's
operations
and
and
maybe
they
can
absorb
it?
Maybe
they
are
gouging
again,
I
don't
know
their
business
model.
I
don't
know
what
it
actually
costs
to
deliver
this
service,
but
I
do
see
the
the
amendment.
E
And
I
did
want
to
bring
something
up.
Ms
corrale,
I'm
going
to
go
to
you
is
that
the
one
when,
when
the
third
party
delivery
entities
argued
against
this,
my
question
and
my
direct
question
was:
how
are
you
doing
this
in
chicago?
Because
if
this
is
if
this
was
direct
language,
that
I
pulled
from
the
city
of
chicago-
and
I
can
give
you
the
direct
section
and-
and
that
is
in
their
ordinance
in
in
entirety,
then
are
you
violating
their
law
right,
their
ordinance
and
how?
E
How
is
it
that
the
city
of
chicago
was
able
to
get
this
passed
at
a
local
level?
But
then,
when
we
extract
it
here
in
the
state
of
nevada,
you
feel
that
you
know
it
is.
It
is
the
wrong
language
and
it
is
something
that
you
cannot
do,
and
so
I
always
challenge
entities
when
they
say
you
know,
but
not
here,
not
in
nevada
I'll.
Do
it
I'll
do
it
in
rhode,
island,
I'll
I'll
I'll.
E
Do
it
anywhere
else,
but
just
not
here,
and
then
you
know,
because
it
begs
the
question
of:
why
are
you
fighting
so
hard
to
be
unregulated
and
to
not
be
under
the
same
rules
that
other
places
have
passed
the
cap
and
the
and
the
peace?
That's
in
here
other
other
places
have
it.
This
is
not
a
bill
where
I
created
a
language
on
on
my
own.
I
mixed
and
matched
from
other
based
on
what
I
felt
was
happening
in
the
nevada,
landscape
and
so
miss
corral
go
ahead.
D
D
You
know
it's
it's
a
well-known
thing:
they
all
know
what
each
other
is:
charging
they're
all
charging
the
exact
same
amount
so
by
by
publishing
those
those
those
fees,
it's
a
giving
customer
education,
but
it's
also
giving
restaurants
negotiating
power,
and
I
feel
that
that's
something
that
we
don't
have
especially
minority
and
women-owned
businesses
that
are
just
operating
small
mom-and-pop
shops.
We
have
no
negotiating
power.
Somebody
like
mcdonald's,
can
negotiate
a
three
percent
commission
where
we
have
no
negotiating
power,
and
I
just
feel
like
that.
D
B
For
the
record,
alexandria
dazzling,
I
also
just
want
to
add
a
little
statement.
Grubhub
stock
has
doubled
since
this
time
last
year,
so
just
a
little
bit
of
context.
I
Sure-
and
that
makes
a
lot
of
sense
because
of
the
situation
we're
in
they
happen
to
be
perfectly
positioned,
to
take
care
of
a
market
that
would
have
otherwise
been
underserved.
You
can
say
the
same
thing
about
many
businesses
that
happen
into
a
situation
that
they
didn't
control,
but
they
happen
to
be.
You
know,
present
and
able.
I
I
want
to
be
careful,
though,
that
you
know
we're
not
accusing
people
of
of
illegal
activity,
even
if
it's
true
that's
for
the
the
feds
to
decide,
but
I
I
am
sympathetic
with
the
impulse.
I
just
think
I
I
anyway
I've
taken
enough
time.
Thank
you.
A
Thank
you,
senator
settlemeyer.
J
Thank
you
ma'am.
I
really
appreciate
it.
I
very
much
appreciate
the
bill.
One
of
my
local
restaurants
in
town,
actually
a
couple
of
them
now
have
a
problem
where
someone
would
take
their
menu.
Sadly
it
was
an
old
menu
and
throw
it
up
and
then
start
trying
to.
You
know
deliver
for
that
particular
business
and
unfortunately,
those
prices
were
usually
rather
old,
simply
put
through
the
coveted
crisis.
J
J
Why
did
you
necessarily
get
rid
of
the
delis
in
the
supermarkets,
and
I
asked
that
because
the
ones
in
my
communities
actually
have
food
that
you
can
go
in
and
you
can,
you
know,
get
a
sandwich
made
or
they
have
pre-made
foods
that
you
can
actually
get
and
then
take
home.
So
what
would
happen
to
a
grub
pub
driver
if
they,
you
know,
did
that
if
they're
left
out
of
this
bill?
I
was
kind
of
curious.
F
B
For
the
record
alexander
dazzle
for
the
nevada
restaurant
association,
so
the
thought
behind
the
grocery
stores
is
that
that's
not
really
we're
kind
of
dealing
with
with
small
independent
restaurants,
not
necessarily
in
conjunction
with
retail
and
grocery
stores,
certainly
something
that
we
would
be
open
to.
You
know
for
in
further
discussions,
but
we're
just
trying
to
kind
of
control.
You
know
a
smaller
portion
of
the
market,
at
least
just
dealing
with
restaurants,
that
are
you
know,
independent
and
and
acting
on
their
own.
J
J
I
don't
want
to
get
in
a
situation
where,
sadly,
we
put
the
small
independent
business,
smaller
businesses
out
of
the
running,
because
it
ends
up
being
a
you
know,
10-page
document
versus
just
being
able
to
have
the
owner
or
the
person
in
charge,
and
I
hope
that's
we're
going
to
get
on
the
record
that
it's
not
only
just
the
owner.
But
let's
say
the
head
manager
has
the
right
to
update
to
the
newer
menu
and
sign
off
on
the
top
of
it.
J
You
know
date
and
time
and
all
that
with
just
enough
specificity
to
make
it
qualify
as
a
consent,
probably
more
so
than
a
written
agreement.
So
that
way
we
don't
require
only
the
larger
restaurants,
but
have
the
benefit
of
running
it
through
their
legal
team,
where
the
smaller
mom
and
pops
don't
necessarily
have
that.
E
Thank
you
for
the
question.
Senator
settlemyre
you're
referencing,
section
12.,
so
the
insertion
of
the
word
written
versus
agreement,
leaving
it
broad,
was
actually
a
request
by
the
third
party
food
delivery
entities.
E
More
specifically,
I
believe
it
was
grubhub
who
asked
us
to
insert
the
word
written
when
they
gave
us
some
of
their
selected
changes
that
they
would
like
for
us
to
do,
and
we
adopted
it
trying
to
be
act
in
in
good
faith
that
they
we
were
not
talking
and
and
accepting
their
changes.
So
I
think
that
might
be
a
question
why?
Why
did
they
want
that?
Because
we
just
basically
had
the
agreement
which
would
have
allowed?
E
You
know
parties
to
decide.
You
know
what
was
going
to
be
in
and
out,
but
that
is
how
that
language
got
there
trying
to
work
with
the
folks
in
opposition.
J
Okay
and
then
the
last
aspect
I
appreciate
getting
after
the
fees,
but
I
I
assume
we're
not
getting
into
the
details.
I
mean
clearly
we're.
I
hope
we're
only
trying
to
really
get
after
the
you
know.
What's
the
commission
being
charged
for
delivery,
you
know
because
if
they
decide
to
advertise
on
the
platform,
I
don't
necessarily
see
why
that
type
of
information
needs
to
be
out
there
for
everybody
else,
that's
something
you
know.
Businesses
agreed
to
do
or
not
to
do.
In
that
respect,
are
we
aiming
aiming
mainly
at
those
commission
starts
for
delivery?
J
Are
we
trying
to
get
other
information
as
well?
Like
the
you
know,
credit
card
fees
and
things
of
that
I
mean
to
me
that
should
all
be
outside
of
the
overall
price,
because
even
the
state
of
nevada,
if
you
go
use
a
dmv
kiosk,
you
end
up
paying
a
credit
card
fee,
unfortunately,
and
on
top
of
the
convenience
fee.
B
For
the
record
alexander
dazlich,
with
the
nevada
western
association
that
is
correct,
senator
settlemeyer,
we
don't
intend
to
include
again
all
of
the
proprietary
information
any
you
know
that
that
would
require
you
know
an
additional
cost.
If
a
restaurant
chooses
to
opt
into
additional
advertising
or
marketing,
we
don't,
we
would
not
disclose
that
type
of
information,
nor
that,
nor
do
we
care
to
capture
that
type
of
information.
It's
more
for
the
purpose
of
educating
the
public
as
well
as
having
under
restaurants
understand.
B
You
know
this
is
how
much
we're
getting
you
know
charged
for
commission.
It
really
is
more
of
an
outward
facing
documents
so
that
the
consumer
knows-
and
you
know
I
just
want
to
also
point
out
that
this
is
not
an
instance
of
of
price
gouging.
They
are
not
doing
anything
illegal,
so
I
do
want
to
be
clear
about
that
and
they
have
come
to
the
table
and
have
tried
to
negotiate
with
us
openly.
So
that
is
something
that
I
I
do
want
to
say
on
record.
B
However,
you
know
the
the
thought
behind
you
know
more
billing.
Transparency
is
because
we've
had
such
an
issue
again
at
the
clark
county
level
in
them
getting
around
caps
and
ordinances
that
have
been
passed
in
other
states
that
are
even
more
stringent
than
billing
transparency.
B
Senator
neil
had
mentioned
the
city
of
chicago
and
their
implementation
of
billing
transparency,
that's
even
more
stringent
than
what
we're
proposing
that's
down
to
a
specific
order
that
the
restaurant
needs
to
demonstrate
the
commission
per
order,
like
I'd
mentioned,
so
they're,
not
even
complying
with
that
I
mean
we
had
tested
that
and
and
ordered
some
orders
from
chicago
the
city
of
chicago
within
that
area,
and
some
of
the
providers
are
just
not
disclosing
any
of
the
pricing
information.
So
again,
it's
an
issue
of
compliance.
It's
an
issue
of
holding
people
accountable.
B
It's
an
issue
of
educating
people.
I
think
there's
a
big
kind
of
mysterious
cloud
around
what
tech
does,
how
they
come
up
with
their
their
prices.
But
this
isn't
something
like
it's.
You
know
it's
it's
an
amazon
or
something
that
you
know
is
in
a
warehouse.
These
are
affecting
restaurant
operators
who,
at
the
end
of
the
day,
have
to
make
payroll,
keep
their
doors
open.
B
So
you
know,
while
some
people
think
it's
proprietary,
I
think
it's
something
that's
necessary
so
that
people
say
you
know,
look
everything,
that's
usually
included
on
a
receipt
is
included
in
terms
of
the
price,
the
sales
tax.
You
know,
if
you
want
to
include
the
tip,
wonderful,
but
then
also
the
commission.
I
think
that's
something
that
going
forward.
We
should
consider
should
be
part
of
of
the
disclosure
understanding
and
just
having
an
idea
of
okay.
B
Well,
you
know
somebody's
paying
for
it
and
I'm
paying
a
delivery
fee,
not
understanding
that
the
restaurant
is
suffering
from
this
is
really
what
we're
trying
to
get
after
here,
especially
after
the
pandemic.
We
have
the
cap
of
20
percent
that
we're
hoping
to
get
past
for
the
remainder
of
the
emergency
in
effect
and
that's
great.
But
what
do
we
do
after
that?
Now
we're
going
to
go
back
to
what
it
was
before
the
pandemic,
which
is
30
to
35
percent
again
for
small,
independent
restaurants?
B
There's
going
to
be
absolutely
no
disclosure
there's
going
to
be
no
transparency,
so,
like
kristen
had
mentioned
earlier.
This
is
a
way
for
small,
independent
restaurants
to
fight
back
and
at
least
shop
around
and
say,
look
I'm
getting
this
particular
deal.
Maybe
I
can
get
a
better
deal
somewhere
else
as
well
as
the
customer
saying
man,
I
ordered
a
five
dollar
burger
and
I'm
getting
shards
forty
dollars.
I
mean
it's
absolutely
insane,
and
so
they
understand.
Where
does
that
come
from
because
they
think
oh
well,
I
paid
the
delivery
fee.
B
Maybe
that's
just
part
of
it.
No,
it's
actually
part
of
the
education.
The
restaurant
is
is
getting
footed
with
the
majority
of
the
bill.
So
that's
why
we
think
it's
really
important.
It's
something
that
you
know.
We
feel
really
passionate
about
and
a
lot
of
our
operators
have
come
out
and
support
and
they're
finally
saying
you
guys
are
finally
addressing
things
that
you
know
have
always
been
an
issue,
but
now
you
know
the
pandemics
kind
of
exacerbated
it.
B
So
we're
certainly
open
to
working
and
amending
things,
but
we
just
want
to
make
sure
that
restaurants
have
a
voice
here.
J
Greatly
appreciate
it,
I
I
really
much
appreciate
the
bill
too
again.
I've
had
situations
where
I
have
constituents:
restaurant
owners,
businesses,
small
mom
and
pops
that
are
getting
at
odds
with
one
another
and
they
don't
have
to
be,
and
it's
all
because
of
an
outside
source.
So
I
very
much
appreciate
many
of
the
aspects
of
the
bill.
Last
question,
which
is
probably
more
of
a
question
for
you
know:
drafting
section
19:
why
are
we
deleting
the
term
honorable
excuses
a
lot.
B
For
the
record
alexander
jazlyn,
the
nevada
restaurant
association,
the
thought
behind
that
was
in
if,
if
there's
an
existing
or
future
emergency
order
and
indoor
capacity
is
limited,
then
we
would
also
be
able
to
continue
that
20
cap
in
the
future.
A
You
thank
you.
I
don't
see
any
more
questions,
so
why
don't
we
go
now
to
phone
lines,
broadcasting?
We
will
start
with
those
in
support
and
let's
do
15
minutes
three
minutes
per,
and
I
want
us
to
try
to
stick
to
that
timeline,
because
I'm
looking
at
the
clock
and
we'll
probably
be
past
floor.
But
I
don't
for
a
time.
A
But
I
don't
want
to
be
much
past
floor
time
because
there's
some
people
who
set
their
schedules
by
the
time
that
they
see
the
floor
is
going
to
convene
online
so
broadcast.
H
H
F
Good
morning,
chair
members
of
the
committee,
nick
vanderpool
n-I-t-k
v-a-n-d-e-r-p-o-e-l
with
capital
partners
today
representing
the
reno
sparks
chamber
of
commerce
here
just
here
today,
to
support
senate
bill
3
320.,
the
reno
sparks
chamber
of
commerce
and
some
of
its
restaurant
members
have
seen
the
pros
and
cons
of
third-party
platforms
which
the
nevada
restaurant
association
outlined.
This
legislation
is
a
step
in
the
right
direction
that
provides
consumer
protections
with
the
with
the
building
transparency,
nevada.
Restaurants
are
part
of
nevada's
economic
backbone
and
we
believe
this
is
a
common
sense
compromise
which
benefits
all
parties
involved.
F
H
C
C
C
We
believe
that
the
transparency
found
in
senate
bill
320
will
provide
our
small
restaurants
with
the
ability
to
be
able
to
negotiate,
as
well
as
educate
the
public
on
how
third-party
marketplaces
work
so
that
they
are
more
educated
when
they
are
purchasing
items
and
getting
their
dinner
from
from
these
platforms.
H
F
H
F
Good
morning,
chair
and
members
of
the
committee
for
the
record
paul
moratkin
m-o-r-a-d-k-h-a-n
with
the
vegas
chamber,
we
appreciate
the
bill's
sponsor
for
bringing
both
forward
and
working
with
stakeholders
on
this
important
piece
of
legislation.
The
vegas
chamber
is
in
support
of
sb
320,
as
we
have
many
small
business
members.
That
would
be
impacted.
F
As
you
know,
our
small
businesses
include
restaurants,
which
many
times
are
small
family-owned
businesses.
Our
restaurant
members,
as
many
you
are
aware
of,
have
been
hard
during
the
pandemic.
They've
had
to
significantly
shift
their
business
model
as
they
have
struggled
to
stay
open
and
keep
the
vans
working
in
the
industry.
During
this
pandemic.
F
We
need
to
support
these
small
family-owned
restaurants,
especially
those
that
are
women,
ameri
and
those
that
are
women
and
minority
owned
businesses.
We
believe
that
this
bill
brings
important
parity
and
transparency
to
the
issue
and,
as
you've
heard
today
between
the
restaurants
and
third-party
delivery
platform
companies,
we
ask
you
for
your
support
for,
on
behalf
of
nevada,
small
businesses.
Thank
you,
chair
and
members
of
the
committee.
H
F
R-A-N-D-I-D-H-O-M-T-S-O-N
state
director
of
the
national
federation
of
independent
business
speaking
today
in
favor
of
sb
320.,
I
have
an
email
from
a
restaurant
owner
named
jeff
eckert
in
las
vegas,
and
he
said
that
the
revenues
this
year
were
very
similar
to
last
year,
but
the
problem
with
this
scenario
is
that
they
pay
between
26
to
38
to
delivery
companies
when
the
bulk
of
your
business
is
delivery,
you
end
up
with
higher
revenue
but
much
less
profit.
Delivery
is
mainly
for
name,
recognition
and
marketing.
F
It
is
not
a
significant
profit
generator,
so
we
are
in
support
of
this
bill.
I
have
many
small,
locally
owned
family
owned
mom
and
pop
restaurants.
Around
nevada,
who
are
still
struggling
and
sb
320,
will
adjust
the
relationships
between
the
third-party
delivery
providers
and
those
small,
independent
restaurants
that
are
so
valuable
to
our
community.
It's
what
makes
our
community
and
it
allowed
them
to
have
more
transparency
and
more
accountability.
F
H
A
Right
so
let's
go
to
opposition.
H
H
F
Good
morning,
chair
and
vice
chair
and
members
of
the
committee,
thank
you
for
your
time.
Today.
My
name
is
hannah
smith
and
I'm
the
head
of
government
relations
for
the
western
united
states
at
grubhub.
We
currently
oppose
this
bill
that
are
in
active
conversations
with
the
bill,
sponsor
committee
members
and
the
nevada
restaurant
association,
and
are
hopeful
that
we
can
find
a
path
forward
at
grubhub.
We
appreciate
the
state
of
nevada's
commitment
to
supporting
restaurants
that
are
the
lifeblood
of
cities
and
neighborhoods
across
the
state.
F
This
is
a
commitment
that
we
share
and
has
been
at
the
heart
of
our
work
since
we
were
founded
in
2004,
and
I
particularly
want
to
thank
the
nevada,
restaurant
association
for
their
tireless
support
of
the
state's
restaurants
and
delivering
with
dignity,
a
local
nevada
organization
that
works
with
local
restaurants
and
nonprofits
to
deliver
food
to
those
in
need
during
the
coven
19
pandemic.
Grubhub
is
proud
to
have
partnered
with
delivering
with
dignity
through
our
grubhub
community
relief
fund.
F
First,
there
is
one
provision
of
the
bill
that
we
stand
strongly
in
support
of
the
ban
on
restaurants
being
included
on
third-party
apps
without
a
formal
agreement
at
grubhub.
We
begin
using
this
business
practice
to
keep
up
with
competitors
who
have
done
it
for
years.
We
strongly
support
ending
this
practice
and
are
working
on
national
legislation
that
would
require
all
companies
to
play
by
the
same
roles.
Unfortunately,
there
are
two
problematic
provisions
of
sc
320
that
we
would
also
like
to
discuss
as
currently
drafted.
F
The
bill
requires
companies
like
grubhub
to
disclose
the
terms
of
the
contract
between
our
restaurant
partners
and
grubhub.
These
amounts
vary
depending
on
the
services
selected
by
each
restaurant
owner
and
are
set
in
a
private
contract
requiring
the
disclosure
of
that
private
information
would
hurt
restaurants
competitively
and
is
akin
to
having
grocery
stores
to
close
how
much
they
paid
for
produce
prior
to
having
their
customers
check
out
for
diners.
F
We
disclose
every
fee
consumers
pay
clearly
prior
to
check
out
and
on
their
receipt,
which
is
consistent
with
our
long-standing
commitment
to
transparency
and
also
protects
the
privacy
and
competitiveness
of
the
restaurants
who
choose
to
partner
with
grubhub.
The
bill
also
institutes
a
20
commission
cap
on
every
independent
restaurant
in
nevada.
We
are
concerned
about
the
unintended
and
damaging
consequences
of
sea
caps,
while
well
intentioned
they
limit
how
restaurants,
especially
small
and
independent
establishments,
can
effectively
market
themselves
to
drive
demand.
F
Grubhub
provides
critical
marketing
services
that
have
hard
costs,
which
let
local,
independent
restaurants
compete
with
large
chains
that
have
significant
marketing
budgets
when
a
cap
is
set
so
low
that
a
third-party
company
can't
even
offer
a
basic
level
of
marketing
support.
Thousands
of
restaurants
across
nevada,
particularly
in
rural
parts
of
the
state,
are
placed
at
a
distinct
competitive
disadvantage
with
national
chains
in
other
jurisdictions.
F
Where
c-caps
have
been
implemented,
we
have
seen
a
clear
effect
of
cap
lowering
how
customers
and
how
many
customers
they
receive,
and
the
orders
that
restaurants
receive,
in
which
turn
lowers
revenue
for
drivers
by
reducing
the
number
of
orders
that
can
be
delivered.
And
finally,
we
have
heard
from
experts
about
what
is
needed
next,
the
national
restaurant
association's
recent
blueprint
for
state
and
local
restaurant
recovery
includes
detailed
steps.
Lawmakers
can
take
to
support
restaurants,
including
safeguarding
tax
treatment,
to
prevent
unforeseen
liability
for
federal
relief
funds,
establishing
grants
and
providing
property
tax
relief.
F
What
you
will
not
find
in
there
is
any
argument
for
fee
caps
or
private
contract
disclosures
policies
that
effectively
support
restaurants
and
their
emergence
from
the
pandemic.
We
urge
you
to
reject
these
provisions
and
we
are
hopeful
to
find
a
solution
that
will
deliver
the
support.
Restaurants
need.
Thank
you
for
your
time.
I
I
Yeah,
I'm
just
I'm
interested
if
she's
still
on
the
line.
I'd
just
like
to
ask
for
her
to
respond
to
the
claim
which
I
am
sympathetic
to
that
38
to
or
25
to
38
percent
seems
unreasonable.
I'd
like
her
to
address
that,
if
she's
still
on
the
line.
A
You
know
and
and
we'll
try
to
try
to
make
it
short
we
are.
We
are
the
last
morning
committee
we're
still
in
and
it's
going
to
bump
us
up
two
floors.
So
please,
please,
you
ask
the
question,
and
so,
if
you
can
be
succinct
and
then
senator
pickerick,
if
you
can
take
that
offline,
it
would
be
appreciated.
I
I
Just
interested
to
see
what
your
response
is
to
the
25
to
38
percent
markup,
that
does
seem
pretty
unreasonable.
Can
you
just
address
that
briefly.
F
Yes,
certainly
that
is
a
high
commission
rate
for
what
we
see
across
our
averages,
but
I
think,
most
importantly,
they're
not
paying
28
to
35
for
just
delivery,
they're,
paying
28
to
35
for
for
a
series
of
other
services
that
include
everything
from
marketing
and
advertising,
to
loyalty
programs
to
discounts
on
our
app
to
adwords
searches
and
things
of
that
sort.
So
it's
more
than
just
delivery.
There.
H
F
F
We
are
opposed
to
the
open
entity
camp
cap
on
restaurant
commissions,
as
proposed
in
this
bill.
We
do
think
such
caps,
regardless
of
their
duration,
will
result
in
harmful
consequences,
and
they
also
set
a
concerning
policy
precedent
for
the
many
other
companies
and
industries
that
have
business
to
business
contracts
like
these,
as
has
been
mentioned
by
the
previous
speaker
in
opposition.
F
These
fees
do
cover
a
broad
range
of
services
and,
to
the
extent
that
these
commissions
are
capped,
they
could
be
result
in
reduced
support
of
services
for
small
restaurants,
services
that
larger
restaurants,
don't
necessarily
need
and
has
also
been
mentioned.
We
have
seen
a
drop
in
food
orders
which
hurts
not
only
restaurants.
It
hurts
the
drivers
who
are
delivering
the
food.
F
Additionally,
we,
you
know,
we
have
concerns
over
the
disclosure
piece
and
we
look
forward
to
reviewing
the
new
amendments
that
were
provided
today,
but
there
is,
as
that's
been
mentioned,
I
think
senator
pickard
had
a
number
of
questions
on
this.
We
do
think
there
are
some
anti-competitive
elements
to
and
also
can
be
misleading
for
consumers
who
do
not
understand
the
difference
between
services
being
received
by
the
companies
and
the
actual
fees
that
are
showing
up.
F
So
I
know
it's
late,
but
I
would
respectfully
just
want
to
submit
our
opposition
to
the
bill
senate
bill,
320.
and
also
madam
chair.
If
I
may,
I
had
referenced
earlier,
I
was
trying
to
speak
in
opposition
to
the
previous
bill
and
the
system
was
not
allowing
me
to
so.
I
can
follow
up
with
you
at
a
later
time
on
your
concerns,
because
I
did
have
specific
comments
on
the
previous
bill
as
well
again,
robert
callahan,
with
the
internet
association.
Thank
you.
H
B
H
F
Good
morning
this
is
jennifer
lazavich
l-a-z-o-v-I-c-h
on
behalf
of
doordash
I'd
like
to
start
by
saying,
we
appreciate
some
of
the
changes
made
by
senator
neal
in
the
amendment.
However,
we
still
remain
opposed
to
certain
sections
of
the
bill.
I
was
personally
involved
in
the
ordinance
that
was
passed
by
clark
county.
I
would
like
to
make
it
clear
that
no
other
jurisdiction
in
southern
nevada
chose
to
pass
an
ordinance
mandate
mandating
a
temporary
cap
on
commission
doordash
considers
restaurants
to
be
our
partners.
F
F
Additionally,
we
offer
a
number
of
marketing
options,
and
I
want
to
make
clear
that
those
are
complete
options
on
our
platform
that
restaurants
can
either
opt
into
or
not.
It
is
entirely
their
choice,
but
every
restaurant
has
a
contract
with
us
that
is
unique,
so
in
particular
with
section
16
1d,
which
requires
public
disclosure
of
the
percentage
commission
paid
by
a
restaurant.
We
are
requesting
that
this
section
be
deleted,
as
I
mentioned
above.
These
are
private
contracts.
F
We
believe
they
are
proprietary
and
because
our
contracts
are
unique
and
individualized
to
each
restaurant,
whether
it's
their
marketing
options
or
delivery
they're
combined
into
one
commission
and
therefore
we
maintain
and
believe
very
strongly
that
they
are
private
and
should
remain
private
in
section
14.
While
we
agree
that
in
order
to
take
any
kind
of
order
or
post
any
menu,
you
absolutely
should
have
written
consent
from
a
restaurant
to
be
able
to
do
that.
F
However,
we
would
offer
that
that
section
should
be
amended
to
at
least
allow
some
basic
information
about
the
restaurant
and
what
we
mean
by
that
is
the
restaurant's
name,
perhaps
their
address
and
phone
number.
The
reason
why
we
think
that's
important
is
it's
another
tool
for
people
to
find
information
about
our
restaurant
partners,
the
same
way
that
they
would
on
a
basic
google
search
or
even
on
yelp.
F
We
would
amen
request
that
that
section
be
amended
to
state
that
the
cap
will
remain
in
effect
until
the
declaration
of
emergency
is
lifted
or
a
restaurant
is
allowed
to
return
to
a
hundred
percent
occupancy
level.
Whichever
first
occurs,
if
the
restaurants
can
return
to
an
occupancy
level
of
100
prior
to
the
declaration
of
emergency
being
lifted.
F
H
G
For
the
record,
my
name
is
laura
l-a-u-r-a
curtis
c-u-r-t-I
good
morning.
My
name
is
laura
curtis
and
I'm
the
government
relations
senior
manager
for
doordash.
Thanks
for
the
opportunity
to
testify
today,
while
we
do
appreciate
senator
neil
making
some
changes
to
sb
320,
we
still
remain
opposed
to
certain
portions
of
the
bill
as
jennifer
mentioned,
but
our
biggest
concern
is
still
with
section
16
1d,
which
requires
a
percentage
disclosure
of
the
commission
charge
to
a
restaurant
by
a
third
party
delivery
company.
G
The
commissions
that
are
negotiated
between
a
restaurant
and
doordash
are
private
and
should
remain
that
way.
The
commission
should
not
be
mandated
to
be
disclosed
and
when
restaurants
choose
to
partner
with
doordash,
they
agree
to
pay
fees,
not
just
for
delivery
and
pickup,
but
for
a
wide
range
of
optional
services,
such
as
advertising
and
marketing.
For
example,
some
restaurants
may
pay
a
higher
fee
for
marketing
options
to
attract
new
customers
or
expand
their
existing
delivery
ratings.
Other
restaurants
may
not
want
to
pay
for
these
options.
All
these
fees,
restaurants,
pay,
are
voluntary
and
confidential.
G
Additionally,
the
information
is
highly
competitive
between
food
delivery
companies
and
I'd
also
like
to
note
that
restaurants
themselves
set
their
menu
prices
on
our
application,
and
so
they
can
set
their
menu
prices
and
build
in
those
commission
costs
if
they
want.
Exposing.
This
information
would
be
the
same
thing
as
requiring
a
restaurant
to
put
on
their
menu
or
receipt.
G
The
cost
breakdown
of
a
burger,
a
percentage
of
how
much
was
paid
to
meet
distributor
for
the
burger,
the
bakery
for
the
bun
and
how
much
is
paid
to
each
worker
using
the
language
of
sb
320.
The
restaurant
would
also
need
to
disclose
the
name
of
the
meat
distributor
or
the
bakery
again.
These
are
private
contracts
and
should
remain
private
between
the
parties.
G
Doordash
is
already
committed
to
not
adding
new
restaurants
to
our
platform
without
consent,
as
this
bill
would
require,
and
we
support
the
other
portions
of
section
16,
which
require
disclosures
of
other
information
such
as
total
online
food
order,
prices,
sales,
tax
delivery
fees
and
gratuities
to
be
paid
for
the
driver.
Again,
we
do
appreciate
the
amendments,
but
we
would
like
to
continue
to
discuss
the
amendments
that
we
have
proposed
today
and
we
look
forward
to
doing
that.
Thank
you
for
your
time.
H
F
F
F
The
first
is
section
three
concerning
credit
card
processing
fees.
The
vast
majority
of
jurisdictions,
including
clark
county,
that
have
passed
temporary,
coveted,
related
commission
caps,
have
either
initially
excluded
credit
card
processing
fees
or
retroactively
removed
them
platforms
have
no
control
over
these
fees.
F
The
second
concerning
piece
of
language
that
remains
in
the
amendment
bill
is
section
16,
b3
and
d
around
disclosures,
and
I
know
this
has
been
addressed
throughout
the
hearing,
so
I'll
try
to
make
it
brief,
but
every
restaurant
that
is
paying
commission
that
elected
to
pay
a
commission
on
our
platform
was
elected
to
do
so
based
on
the
needs
of
their
business.
This
is
an
optional
service,
with
real
operating
costs
associated
with
it.
Food
delivery
is
expensive,
which
is
why
many
restaurants
did
not
offer
it
before
the
advent
of
delivery
platform.
F
The
operators
on
our
platform
can
opt
out
of
the
agreement
at
any
time
with
no
penalty.
So
I'd
ask
the
question:
do
we
require
anything
similar
of
other
industries
when
it
comes
to
their
business
to
business
contracts
and
is
the
attempt
to
fundamentally
change
changes
across
the
private
sector?
If
not,
then
this
we
feel
this
is
singling
out
one
type
of
business,
which
is,
which
is
why
we
remain
opposed.
I
certainly
do
want
to
thank
the
sponsor
for
working
with
us
on
other
pieces
of
language
in
the
bill.
F
H
F
A
F
F
These
are
valuable
partnerships
that
have
enabled
restaurants
to
reach
new
customers
and
since
coco
19,
our
companies
have
provided
tens
of
millions
of
dollars
in
direct
restaurant
support
and
spend
millions
more,
providing
free
meals
to
health
care
workers,
seniors
school
children
and
other
vulnerable
groups.
Restaurant
commissions
cover
a
broad
range
of
services
made
available
to
restaurants
through
our
members
platforms.
They're,
not
one
size
fits
all,
but
rather
are
tailored
to
each
restaurant's
needs.
F
These
restaurants
are
able
to
collaborate
on
marketing,
determine
the
appropriate
neighborhoods
to
open
new
locations
and
see
how
pricing
affects
consumers,
demand,
commissions,
commission
and
fees
go
a
long
way
towards
supporting
delivery
platforms.
Operational
costs,
ensuring
workers
are
paid
fairly.
The
operational
costs
covered
by
commission
commissions
and
fees
include
onboarding
new
delivery
people
ensuring
that
delivery
workers
are
paid
fairly.
Maintaining
safety,
including
insurance
costs
and
providing
ppe
tech
services,
including
payment
processes,
order
management,
app
maintenance
and
dispatching
tech.
F
Commission
caps
would
dramatically
curtail
the
services
offered
by
delivery
platforms,
making
food
ordering
and
delivery
more
expensive,
potentially
limiting
access
to
food
delivery
to
more
rural
parts
of
nevada.
This
in
turn
would
significantly
reduce
demand
and
limit
restaurant
revenues
and
earning
opportunities.
F
Delivery
network
companies
are
competing
for
restaurants,
business
and
offer
a
wide
range
of
partnership
structures
and
commission
rates
to
suit
restaurants
needs
these
fees.
Structures
are
transparent
and
clear
when
any
restaurant
enters
into
a
contractual
partnership
with
a
delivery
network
company
and,
finally,
we
believe
the
disclosure
requirements,
as
others
have
outlined
in
the
bill
are
deeply
troublesome,
as
they
are
private
contracts
between
parties
in
a
highly
competitive
market.
F
G
Minutes
so
my
name,
thank
you.
My
name
is
kerry,
moore,
I'm
the
marketing
community
manager
for
think
food
group,
restaurants,
specifically
jaleo
by
jose
andres
and
gina
poblano,
and
over
the
years,
our
two
restaurants
that
is
located
in
the
cosmopolitan
of
las
vegas,
have
had
their
menus,
stolen
and
posted
on
third-party
delivery
service
sites.
G
Without
our
consent,
we
had
to
call
or
write
letters
to
have
our
menus
removed,
just
to
have
them
reappear
on
delivery
sites
after
a
few
months
should
not
be
the
burden
of
the
restaurants
to
audit
all
third-party
companies
that
we
do
not
have
written
contracts
with
the
rest.
The
relationship
should
be
bound
by
a
contract
if
they
are
to
use
our
intellectual
property.
G
Without
having
regulations
placed
on
the
delivery
services,
our
restaurants
can
lose
reputational
and
quality
control
that
they
continue
to
offer
our
menus,
which,
as
stated
before,
are
mostly
out
of
date.
Without
any
permission,
our
restaurants
currently
do
not
use
any
third-party
delivery
services
now
because
of
our
location
on
the
strip
and
within
within
a
hotel.
Yes,
costs
involved
using
these
platforms
are
an
issue,
but
for
us
there
are
too
many
variables
and
timely
steps
involved
in
having
our
food
delivered,
while
keeping
our
quality
standards
in
place.
G
A
Thank
you,
senator
neil
support,
opposition
and
neutral.
Do
you
have
any
clothing
comments.
A
Thank
you,
and
so
with
that
we
will
close
the
hearing
on
senate
bill
320,
and
we
were
going
to
hear
another
bill
today,
senator
lang,
but
we
ran
out
of
time.
So
we
will
hear
that
first
thing
tomorrow
and
I'm
just
going
to
ask
committee
members
to
be
mindful.
A
We
still
have
about
25
bills
to
hear,
and
if,
when
you
ask
questions,
if
you
can
limit
it
to
one
while
we're
in
the
meeting
and
then
take
the
others
offline,
if
we
don't
get
through
get
through
our
quota
this
week,
we
only
have
next
week
and
I'll
be
forced
to
cut
some
other
bills
that
we
will
not
have
time
to
pursue.
I'm
trying
there
are
some
that
we
didn't
have
time
to
pursue
that,
and
there
are
some
other
bills
coming
over
from
the
assembly
that
are
duplicative.
A
So
we
need
to
make
sure
that
we're
being
judicious
with
our
questions
and
the
time
so
that
we
can
hear
remaining
bills.
If
we
run
out
of
time,
then
that's
going
to
be
bad
news
for
some
people
who
wanted
their
bill
to
be
heard.
So
please
keep
that
in
mind
and
we'll
open
it
up
now
for
public
comment.
H
A
Okay,
thank
you.
So
we
will
be
back
here
tomorrow
morning
at
eight
o'clock
and
just
had
a
question
from
someone.
Why
do
we
limit?
We
only
meet
once
every
two
years,
and
that's
only
for
120
days,
and
if
you
look
at
the
number
of
bills
that
have
been
processed
or
have
at
least
been
written
by
our
legal
staff,
we've
got,
I
think
it's
north
of
900
might
be
a
thousand.
So
as
chair
I
try
to
be
as
fair
and
understanding
as
possible.
A
I
just
know
that
with
the
number
of
bills
that
we
have
left,
if
we
continue
to
go
at
this
rate
and
only
process,
two
bills
per
day,
they're
going
to
be
a
lot
of
bills
that
will
not
get
a
hearing.
So
with
that
we
will
adjourn
and
we
will
be
back
again
tomorrow
morning.
Thank
you.
We
are.