Full opinion text
Dissent by Judge Wallace CALLAHAN, Circuit Judge: Nevada law holds general contractors vicariously liable for the labor debts owed by subcontractors to subcontractors' employees on construction projects. In recent years, the Nevada legislature became concerned that its vicarious liability law was unfairly burdening general contractors with substantial liabilities. The legislature found that certain entities, in particular trusts that manage health and welfare benefit plans and which represent aggrieved employees in labor debt recovery actions, were suing general contractors years after labor debts accrued. Since a 2009 decision of our court, those suits could seek money damages not just for uncollected debts, but also for the trusts' legal fees and other costs incurred attempting to collect on those debts from subcontractors. The upshot was that unsuspecting general contractors were discovering years later that they owed the subcontractors' debts-and then some. In an effort to remedy this perceived problem, in 2015 the Nevada legislature unanimously approved SB 223. The law limits the damages that may be collected from general contractors. It also imposes notification requirements on contractors and welfare benefit plans regulated under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq ., before an action may be brought under Nevada law against general contractors. Plaintiffs-Appellees are ERISA trusts that manage ERISA plans. They claim SB 223 is preempted by ERISA because, they argue, it impermissibly "relates to" ERISA plans. They reason that the law intrudes on ERISA's uniform regulatory scheme by imposing additional administrative burdens on ERISA trusts like themselves, and by infringing ERISA trusts' fiduciary duty to manage plan funds. The district court agreed and granted Appellees' motion for summary judgment. We conclude, however, that SB 223 does not intrude on any federally-regulated field, conflict with ERISA's objectives, or otherwise impermissibly "relate to" ERISA plans. Instead, it targets an area of traditional state concern-debt collection-and pared back a state-conferred entitlement to collect unpaid debts from third-party general contractors. Accordingly, we hold that SB 223 is a legitimate exercise of Nevada's traditional state authority and VACATE the district court's judgment. I. A. Nevada law provides that employees on construction projects who cannot collect on labor debts from their employers (i.e., subcontractors ) may compel payment from general contractors. Nev. Rev. Stat. Ann. § 608.150 et seq. Such debts may include wages that subcontractors owe their employees and benefit contributions those subcontractors are required to make to health and welfare benefit plans-i.e., "ERISA plans"-on behalf of their employees. Appellees are trusts ("ERISA trusts" or "Taft-Hartley trusts") that administer a particular type of ERISA plan: plans covering multiple employers, oftentimes across several States. "A multiemployer plan is a collectively bargained [ERISA] plan maintained by more than one employer, usually within the same or related industries, and a labor union." Pension Benefit Guaranty Corp., Introduction to Multiemployer Plans , available at http://goo.gl/6RJgoS (last accessed July 12, 2018). Multiemployer plans are typically administered and managed by a board of trustees, represented equally by labor and management. Id . Through their administration of multiemployer plans, Appellees provide welfare and pension benefits to employees that perform work in the construction industry. Those benefits, as well as employers' (i.e., subcontractors') contribution obligations to the plans, are negotiated by employees-oftentimes through a union representative-and employers, and are set forth in the plans themselves. Id . As is pertinent here, ERISA empowers ERISA trusts to bring actions against subcontractors for subcontractors' labor debts. 29 U.S.C. §§ 1132(g)(2), 1145. Those debts can include subcontractors' delinquent contributions to the ERISA plans, as well as wages owed employees. Id. § 1132(g)(2). ERISA does not, however, establish a cause of action for collecting debts from non-parties to an ERISA plan, like general contractors. That right exists, if at all, as a matter of state vicarious liability law. See Trs . of the Constr. Indus. and Laborers Health and Welfare Trust v. Hartford Fire Ins. Co. , 578 F.3d 1126, 1127-28 (9th Cir. 2009). B. The Nevada legislature became concerned in recent years that its vicarious liability law was unfairly saddling general contractors-i.e., non-parties to ERISA plans-with the debts of subcontractors. General contractors found themselves threatened with lawsuits by, among other entities, ERISA trusts, who sought to hold them vicariously liable for debts owed their members by subcontractors, sometimes several years later. Those debts consisted of delinquent wage and benefit contributions, as well as attorneys' fees and other costs resulting from protracted legal action between ERISA trusts and subcontractors. A 2009 per curiam opinion of this court contributed to this trend by interpreting "labor indebtedness" under Nevada's vicarious liability statute to include "liquidated damages and attorneys' fees arising from a collective bargaining agreement [CBA]." Hartford Fire Ins. , 578 F.3d at 1129. Thus, after Hartford Fire Insurance , ERISA trusts like Appellees could litigate against potentially insolvent subcontractors for years, knowing that, should the litigation fail to make them whole, they could recover their legal expenses from general contractors later. In 2015, the Nevada legislature unanimously approved SB 223 to address the situation. The law had two main goals. First, it sought to reduce the liability faced by unsuspecting general contractors years after they had closed the books on a project. It did so by shortening the statute of limitations period to one year (SB 223 § 2) and limiting general contractors' vicarious liability to debts owed employees under a CBA (SB 223 §§ 1(2) & 3(2) ). Second, the law sought to increase general contractors' ability to address subcontractor debts early on. The law imposed a set of mutually reinforcing obligations on ERISA trusts on the one hand, and subcontractors on the other. Under the revised statutory scheme, ERISA trusts were required to issue pre-lien notices to general contractors, thereby alerting general contractors to potential claims in the case of subcontractor delinquency (SB 223 § 4(8) ). They were also required to notify general contractors within sixty days after a debt became delinquent (SB 223 § 5). Thus, §§ 4(8) and 5, read together, gave general contractors early notice of potential claims and a first opportunity to remedy an outstanding debt with a subcontractor. In return, upon commencement of a project, a contractor (general or sub) that was party to an ERISA plan was required to notify the ERISA trust of the project (SB 223 § 4(7) ). This provision thereby afforded trusts an opportunity to monitor subcontractor performance and identify delinquencies early on. Some of SB 223's six provisions specifically referenced ERISA plans. They did so by variously referring to "health or welfare funds" (§§ 1(2), 4(7) ), "trust funds" that collect and manage benefits and other forms of compensation for workers (§ 4(8) ), and Taft-Hartley trusts (§ 5(1) ). SB 223's six modifications to Nevada's vicarious liability law, Nev. Rev. Stat. § 608.150 et seq. , are as follows: The Damages Amendments (§§ 1(2) & 3(2) ): While maintaining general contractors' vicarious liability for subcontractor debts, the damages amendments limited the scope of that liability. Section 1(2) exempted a general contractor from any liability of a subcontractor or other contractor for any penalty, including, without limitation, interest, liquidated damages, attorney's fees or costs for the failure of the subcontractor or other contractor to make any contributions or other payments under any other law or agreement, including, without limitation, to a health or welfare fund or any other plan for the benefit of employees in accordance with a [CBA]. For its part, the pre-amendment version of § 3(2) identified ERISA plans, and stated that the term " 'laborer' includes, without limitation, an express trust fund to which any portion of the total compensation of a laborer, including ... any fringe benefit, must be paid pursuant to an agreement with that laborer or the collective bargaining agent of that laborer." SB 223 modified § 3(2)-without adding any additional mention of ERISA plans-by excluding from "fringe benefit" "any interest, liquidated damages, attorney's fees, costs or other penalties that may be incurred by the employer of the laborer for failure to pay any such compensation under any law or contract." The Statute of Limitations Amendment (§ 2): Section 2 shrunk the statute of limitations period for an action against a general contractor from three or four years (depending on the location of the contractor) to one year. Notably, unlike the other four amendments, § 2 made no mention of ERISA plans or trusts. The Commencement Notice Amendment (§ 4(7) ): Section 4(7) provided that "[u]pon commencement of work on a project, any prime contractor or subcontractor participating in a health or welfare fund or any other plan for the benefit of employees is required to notify such fund or plan of the name and location of the project so that the fund or plan may protect potential lien rights under [Nevada law]." The Pre-Lien Notice Amendment (§ 4(8) ): Section 4(8) required ERISA trusts to provide notice of a right to lien against property owners. It clarified that ERISA trusts are not alter egos of the workers whose interests they represent, and so do not enjoy laborers' exemption from the lien notice requirement. Accordingly, § 4(8) provided that " 'one who performs only labor' does not include an express [ERISA] trust fund ...." The Delinquency Notice Amendment (§ 5(1)-(5) ): Section 5 provided, in relevant part, that "[i]f an administrator of a Taft-Hartley trust which is formed pursuant to 29 U.S.C. § 186(c)(5) does not receive a benefit payment owed to the trust within 60 days ... the administrator shall provide a notice of the delinquency to the general contractor and, if applicable, the subcontractor, who is responsible for the benefit payment." C. ERISA is a comprehensive federal statutory scheme governing employee benefit plans. Boggs v. Boggs , 520 U.S. 833, 841, 117 S.Ct. 1754, 138 L.Ed.2d 45 (1997). "All employee benefit plans must conform to various reporting, disclosure, and fiduciary requirements, [ 29 U.S.C.] §§ 1021 - 1031, 1101 - 1114, while pension plans must also comply with participation, vesting, and funding requirements, see §§ 1051-1086." Id . ERISA does not requir[e] employers to provide any given set of minimum benefits, but instead controls the administration of benefit plans, see § 2, 29 U.S.C. § 1001(b), as by imposing reporting and disclosure mandates, §§ 101-111, 29 U.S.C. §§ 1021 - 1031, participation and vesting requirements, §§ 201-211, 29 U.S.C. §§ 1051 - 1061, funding standards, §§ 301-308, 29 U.S.C. §§ 1081 - 1086, and fiduciary responsibilities for plan administrators, §§ 401-414, 29 U.S.C. §§ 1101 - 1114. N.Y. State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co. , 514 U.S. 645, 650, 115 S.Ct. 1671, 131 L.Ed.2d 695 (1995). ERISA also includes a preemption provision, which states that ERISA "supersede[s] any and all State laws insofar as they may now or hereafter relate to any employee benefit plan ...." 29 U.S.C. § 1144(a). D. Appellees filed suit in Nevada federal district court against Defendant-Appellant Shannon Chambers, Nevada's Labor Commissioner (hereafter the "State" or "Nevada"), seeking a declaration that ERISA preempts SB 223. The district court granted summary judgment for Appellees. The Board of Trs . of the Glazing Health and Welfare Trust v. Shannon Chambers , 168 F.Supp.3d 1320, 1325 (D. Nev. 2016). The court deemed SB 223 preempted because, it found, the law was "specifically design[ed] to affect employee benefit plans." Id . at 1323. It concluded that the law thereby had an impermissible "connection with or reference to" ERISA plans. Id . at 1324. Noting that ERISA regulates plan reporting requirements, the court determined that SB 223's imposition of reporting provisions-i.e., the pre-lien and delinquency notice amendments-unlawfully regulated in an area governed exclusively by ERISA. Id . The district court also determined that any non-offending provisions could not be preserved because, it found, SB 223 was not severable. Id . at 1324-25. First, SB 223 includes no severability clause, which the court took to indicate a legislative intent that it operate either as a cohesive whole or not at all. Id . at 1324. Second, the court found that "it is clear from the legislative history that all the amended sections adopted under SB 223 were intended to work together, rather than independently." Id . at 1325. The court did not, however, indicate whether it found any single provision not preempted, such that deciding severability was even necessary. Nevada timely appealed. II. Before proceeding to the merits, we must decide whether Nevada's appeal is moot. In response to the district court's invalidation of SB 223, in July 2017 the Nevada legislature repealed SB 223 and replaced it with a new law, SB 338. SB 338 does not include the challenged notice and damages amendments (§§ 1(2), 3(2), 4(7), 4(8), 5(1) ) from SB 223, and the repeal of those provisions was made retroactive to the enactment of SB 223. SB 338 also includes a truncated statute of limitations provision, which is not retroactive. The new limitations period is two years-up from SB 223's one year-which is still short of the pre-SB 223 period of up to four years. Because SB 338's limitations period was not made retroactive, Nevada argues that leaving the district court's determination undisturbed is causing actual and imminent harm: the four-year pre-223 limitations period is in place, rather than SB 223's one-year period, for the years 2015 to 2017. With the exception of the limitations provision, which only the State argues presents a live controversy, the parties agree the appeal is moot. Notwithstanding the parties' partial agreement on mootness, however, we must independently assess whether a live controversy exists on appeal. Shell Offshore Inc. v. Greenpeace, Inc. , 815 F.3d 623, 628 (9th Cir. 2016). We therefore proceed to conduct our own analysis to determine whether the appeal is moot. A. To avoid mootness, "an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed." Arizonans for Official English v. Arizona , 520 U.S. 43, 67, 117 S.Ct. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks and citation omitted). This means a plaintiff must satisfy the irreducible constitutional minimum of Article III standing at each stage of litigation, including on appeal. Standing requires that a plaintiff suffer an (1) injury-in-fact that is actual or imminent and concrete and particularized, rather than speculative or hypothetical; that is (2) fairly traceable to the conduct complained of; and (3) which is likely to be redressed by a favorable ruling. Lujan v. Defenders of Wildlife , 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). While mootness is normally a question of a court's subject matter jurisdiction, in some cases it is a prudential rather than a jurisdictional limitation on our review. Coral Constr. Co. v. King Cnty. , 941 F.2d 910, 927 (9th Cir. 1991). As is relevant here, "in cases involving the amendment or repeal of a statute or ordinance, mootness is 'a matter relating to the exercise rather than the existence of judicial power.' " Id. (quoting Carreras v. City of Anaheim , 768 F.2d 1039, 1047 (9th Cir. 1985) ). In that situation "we may continue to exercise authority over a purportedly moot case where the balance of interests favors such continued authority. The party moving for dismissal on mootness grounds bears a heavy burden." Id. at 927-28. Where, as here, the legislature repealed a law in response to an adverse judicial ruling, that burden may be insurmountable. In City of Mesquite v. Aladdin's Castle, Inc. , 455 U.S. 283, 288-89, 102 S.Ct. 1070, 71 L.Ed.2d 152 (1982), the Supreme Court considered whether a challenge to a repealed statutory provision was moot. The lower court had invalidated the provision, and the city subsequently repealed it pending appeal. Id. at 288, 102 S.Ct. 1070. The Court began by explaining that a legislative change falls into the category of actions constituting "voluntary cessation of a challenged practice," which "does not deprive a federal court of its power to determine the legality of the practice." Id . at 289, 102 S.Ct. 1070. And because an appellate court's determination that a case is moot generally means that "the judgment below is ... vacated with directions to dismiss the complaint," id. at 288 n.9, 102 S.Ct. 1070, a finding of mootness would free the government to reenact the same previously rejected law, id. at 289, 102 S.Ct. 1070. Thus, in City of Mesquite , "the city's repeal of the objectionable [statutory] language would not preclude it from reenacting precisely the same provision if the District Court's judgment were vacated." Id . City of Mesquite went on to explain that "[t]he test for mootness in cases such as this is a stringent one." Id . at 289 n.10, 102 S.Ct. 1070. To avoid mootness there, the city needed to show that it was "absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur." Id. The city could have done so by demonstrating that "[t]here is ... certainty that a similar course"-i.e., reenacting the invalidated law-"would not be pursued ...." Id. at 289, 102 S.Ct. 1070. Simply dispensing with the offending provision in the face of judicial rejection fails to make the requisite showing, and the city did not satisfy that standard in City of Mesquite . Id. Thus, the Court found that it "must confront the merits" of the then-repealed law's legality. Id. We have largely adhered to the rule set forth in City of Mesquite , explaining that where a change in the law is prompted by an adverse district court ruling, an appeal is generally not moot. See, e.g. , Thalheimer v. City of San Diego , 645 F.3d 1109, 1125 (9th Cir. 2011) (case not moot where the city adopted a new law "in direct response to the district court's" judgment); Jacobus v. Alaska , 338 F.3d 1095, 1103 (9th Cir. 2003) (explaining that a case is unlikely to be moot because the state legislature repealed statutory provisions "in response to the district court's judgment"); Carreras , 768 F.2d at 1047 ; see also Smith v. Univ. of Washington , 233 F.3d 1188, 1194 (9th Cir. 2000) (explaining that a case is less likely to be moot where a legislative change occurs "because of the prodding effect of [ ] litigation"); cf. Coral Constr. , 941 F.2d at 928 (sufficient to show that county would have the power to reenact an ordinance in light of a district court's judgment to defeat mootness); but see Log Cabin Republicans v. United States , 658 F.3d 1162, 1166 (9th Cir. 2011) (case moot where legislative change was likely in response to adverse district court judgment). For example, in Carreras , we reasoned that "repeal of the objectionable language [does] not deprive the federal courts of jurisdiction to decide the constitutional question because of the well-settled principle 'that a defendant's voluntary cessation of a challenged practice does not deprive a federal court of its power to determine the legality of the practice.' " 768 F.2d at 1047 (quoting City of Mesquite , 455 U.S. at 289, 102 S.Ct. 1070 ). As in City of Mesquite , the law's repeal in Carreras was in response to an adverse ruling by the district court. Id. Similarly, in Jacobus , we explained that concerns over the defendant "return[ing] to his old ways" applied with "particular force [there because] the 'voluntary cessation' occurred only in response to the district court's judgment ." 338 F.3d at 1103 (internal quotation marks omitted) (emphasis added). Where we have held that repeal of a law effectively mooted a case, the repeal was generally not in response to an adverse district court judgment. See, e.g. , Smith , 233 F.3d at 1194 (challenged law repealed before the district court even ruled on the law); Native Village of Noatak v. Blatchford , 38 F.3d 1505, 1511 (9th Cir. 1994) ("Here, the legislature repealed § 29.89.050 before Noatak even initiated its lawsuit .... This is not a case where a defendant voluntarily ceases challenged action in response to a lawsuit."); Matter of Bunker Ltd. P'ship , 820 F.2d 308, 311 (9th Cir. 1987) (no indication that Congress enacted sweeping amendments to a comprehensive national regulatory scheme governing hazardous waste in response to a discrete district court ruling on a motion to quash a warrant); Burke v. Barnes , 479 U.S. 361, 363, 107 S.Ct. 734, 93 L.Ed.2d 732 (1987) (bill automatically expired during pendency of appeal); U.S. Dep't of Treasury, Bureau of Alcohol, Tobacco & Firearms v. Galioto , 477 U.S. 556, 559, 106 S.Ct. 2683, 91 L.Ed.2d 459 (1986) (Congress modified the law "as a matter of legislative policy," not in response to the district court's decision). Unlike the constellation of cases that includes Mesquite , Thalheimer , Jacobus , Carreras , and the instant matter, a finding of mootness in Noatak and Smith would not have removed the one impediment-the district court's adverse ruling-to the government repeating the allegedly unlawful conduct. And while an adverse judicial ruling existed in Bunker Ltd ., Barnes , and Galioto , that ruling was not the impetus for the subsequent legislative change. Accordingly, the legislative changes in those cases more forcefully indicated an affirmative, permanent intent to change course, rather than a grudging acquiescence to a judicial command. We hasten to note that our precedent is in some internal tension on mootness-due-to-legislative-change. Two of our cases in particular warrant discussion. In Chemical Producers & Distributors Ass'n v. Helliker , 463 F.3d 871 (9th Cir. 2006), we found that a legislative change sufficed to moot the appeal. Id. at 875. There, plaintiffs challenged a California law as preempted. Id. at 874. The district court upheld the law, but while plaintiffs' appeal was pending, the California legislature repealed it and replaced it with new legislation. Id. at 874-75. Critically, the new law entirely "resolved [plaintiffs'] grievance" with the challenged law. Id . at 876. We concluded that because "the law ha[d] been 'sufficiently altered so as to present a substantially different controversy from the one the District Court originally decided,' there [wa]s 'no basis for concluding that the challenged conduct [was] being repeated.' " Id. at 875 (quoting Ne. Fla. Chapter of Associated Gen. Contractors of Am. v. City of Jacksonville , 508 U.S. 656, 662 n.3, 113 S.Ct. 2297, 124 L.Ed.2d 586 (1993) ). Here, by contrast, the district court invalidated Nevada's law, and, as explained below, the legislation that replaced SB 223 does not resolve all the problems the district court identified with that law or all of Appellees' bases for challenging it. If Helliker had ended its analysis there, then it would fit neatly with our circuit's precedent. But Helliker also found that the voluntary cessation doctrine, which generally precludes a finding of mootness, did not apply in that particular case. Id. at 878. With due respect for our colleagues, we find that Helliker departs from City of Mesquite on this issue in the circumstance of legislative change due to an adverse district court judgment. Helliker got off on the right foot by invoking City of Mesquite as controlling precedent on the voluntary cessation doctrine. Id. at 877. But it then flipped City of Mesquite 's rule that the government must show "certainty that a similar course"-reenacting a repealed or revised law-"would not be pursued ...." City of Mesquite , 455 U.S. at 289, 102 S.Ct. 1070 (emphasis added). Helliker instead declared that, as a general rule, it is actually the party contesting mootness that must show it is " 'virtually certain' " that the government would reenact the repealed law. Helliker , 463 F.3d at 878 (quoting Noatak , 38 F.3d at 1510 ). Helliker 's statement may be correct where legislative change does not result from an adverse judicial ruling-as in those cases discussed above and in Helliker itself-but its articulation of a near-blanket rule collides with City of Mesquite 's holding specific to the circumstance presented there. We are, of course, bound to follow the rule established by the Supreme Court, not inconsistent circuit precedent. See Hart v. Massanari , 266 F.3d 1155, 1171 (9th Cir. 2001) (lower court may not "disregard a ruling of the Supreme Court"). Helliker 's conflict with City of Mesquite had practical effect years later in Log Cabin Republicans . There, plaintiffs successfully challenged the military's "Don't Ask, Don't Tell" policy on constitutional grounds. Log Cabin Republicans , 658 F.3d at 1165-66. While an appeal was pending, Congress repealed the policy. Id. at 1165. The court was therefore confronted with the question of whether a legislative change in response to an adverse judicial ruling mooted the appeal. Log Cabin Republicans held, on the factual record in that case, that it did. Id. at 1166. Log Cabin Republicans began by acknowledging that "voluntary cessation" will ordinarily not moot a case, citing City of Mesquite for this proposition. 658 F.3d at 1167. But in an attempt to square the Supreme Court's rule with Helliker , the court forced a distinction between voluntary cessation and "statutory amendment or repeal." Id. The court ultimately concluded that voluntary cessation does not " 'deprive a federal court of its power to determine the legality of the [challenged] practice,' " id. (quoting City of Mesquite , 455 U.S. at 289, 102 S.Ct. 1070 ), but that "[r]epeal [of legislation] is 'usually enough to render a case moot, even if the legislature possesses the power to reeanact the statute after the lawsuit is dismissed,' " id. (quoting Helliker , 463 F.3d at 878 ). But, of course, City of Mesquite was all about repeal of legislation. Its reference to voluntary cessation plainly included legislative repeal or amendment; it did not wrench the two concepts apart and deposit them into separate camps. We have previously recognized as much, explaining that "repeal of [ ] objectionable language [does] not deprive the federal courts of jurisdiction to decide the constitutional question because of the well-settled principle 'that a defendant's voluntary cessation of a challenged practice does not deprive a federal court of its power to determine the legality of the practice .' " Carreras , 768 F.2d at 1047 (quoting City of Mesquite , 455 U.S. at 289, 102 S.Ct. 1070 ) (emphasis added). Log Cabin Republicans ' contrary conclusion is understandable because it relies on Helliker , which, as discussed, is inconsistent with City of Mesquite where a legislative change is in response to an adverse district court judgment. We find more persuasive our cases that accord with City of Mesquite . * * * Having trudged through our admittedly murky precedent, we conclude that, under City of Mesquite and the majority of our circuit's case law, legislative change in response to an adverse judicial ruling is generally the type of "voluntary cessation" that defeats mootness on appeal unless the government can show with "certainty" that reenacting a repealed or revised law will "not be pursued." City of Mesquite , 455 U.S. at 289, 102 S.Ct. 1070 ; Jacobus , 338 F.3d at 1103 ; Carreras , 768 F.2d at 1047. That is because where a governmental entity acts under compulsion of a judicial decree rather than on its own initiative, the risk of legislative recidivism is acute once the judicial obstacle to legislative action is removed. To be sure, we do not foreclose the possibility that a finding of mootness might be appropriate depending on the factual circumstances of a particular matter. But we are persuaded that, in the typical case, as here, asserting our judicial power makes sense as a matter of judicial prudence. Coral Constr. , 941 F.2d at 927 (explaining that whether a case is moot as a result of legislative change is a prudential rather than a jurisdictional issue). On the one hand, we exercise our jurisdiction-and obligation-to decide discrete controversies that have already been litigated in a judicial forum. Cf . Friends of the Earth, Inc. v. Laidlaw Envtl. Servs., Inc. , 528 U.S. 167, 191-92, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) ("[B]y the time mootness is an issue, the case has been brought and litigated, often (as here) for years. To abandon the case at an advanced stage may prove more wasteful than frugal."). On the other, we prevent the government from circumventing our oversight role by repealing a law after an adverse ruling in a lower court, benefitting from mootness on appeal that results in vacatur of that ruling, and then enacting a law that shares some or all of the prior law's invalidated provisions. B. With the table set, we address Nevada's repeal of SB 223. We must decide whether Nevada repealed the law in response to the district court's adverse ruling and, if so, if it can rebut the presumption that its appeal is not moot by demonstrating that the legislature will certainly not reenact the challenged provisions of that law. Nevada plainly repealed SB 223 in response to the district court's ruling. Indeed, the preamble to the law that replaced it, SB 338, expressly invokes the district court's decision as the reason for repealing and replacing SB 223. Legislative Counsel's Digest, SB 338, 2017 Leg., 2017 Reg. Sess. (Nev. 2017). The preamble further asserts that the law resolves the problems identified by the district court. It explains that "[the] bill sets forth amendments that would prevent the provisions of law amended in Senate Bill No. 223 from being preempted." Id. Thus, under City of Mesquite , Thalheimer , Jacobus , and Carreras , we will not deem the appeal moot absent a showing that Nevada will not reenact any aspect of SB 223. It can meet this burden if, for example, SB 338 completely resolves the issues with SB 223. Far from meeting this demanding standard, Nevada fails to show even an inclination to avoid all the pitfalls that bedeviled SB 223 in the district court. Indeed, SB 338 retains several of the challenged aspects of SB 223. Cf. Maldonado v. Morales , 556 F.3d 1037, 1042 (9th Cir. 2009) (deeming appeal moot where a legislative change completely eliminated basis for plaintiff's challenge); Helliker , 463 F.3d at 876 (same); Qwest Corp. v. City of Surprise , 434 F.3d 1176, 1181 (9th Cir. 2006) (same). For example, SB 338 fails to remedy Appellees' concern with SB 223's shortened limitations period. While the new law expands the period from one to two years, that is still short of the three-to-four-year pre-SB 223 period Appellees argued was required to prevent "an irreconcilable conflict with standard auditing practices authorized by ERISA." Further, SB 338 includes two notice provisions that are similar to the notice provisions Appellees challenged in SB 223. While no longer expressly identifying ERISA plans, SB 338 § 4 still requires claimants-including ERISA trusts-to issue notices to contractors for any claims of indebtedness. It also requires contractors to notify claimants of new projects. These provisions track the delinquency (SB 223 § 5) and commencement (SB 223 § 4(7) ) notice provisions of SB 223. Appellees argued in their merits brief on appeal that state imposition of these administrative burdens was preempted because they "frustrate ERISA's goal of nationwide uniformity by requiring benefit plans to adopt Nevada-specific practices." The district court agreed, concluding that "even if SB[ ]223 did not expressly refer to employee benefit plans it has a 'connection with' such plans ...." Chambers , 168 F.Supp.3d at 1324. SB 338 § 4 does not address Appellees' or the district court's concerns and Appellees do not assert in their motion to dismiss this appeal that SB 338 resolves them. Instead, they acknowledge only that the "language about which Appellees complained [in SB 223] has been removed from Nevada's statutes," and that SB 223 has been "altered by the enactment of SB 338," and otherwise "change[d] ." Such anodyne descriptions of an undisputed revision to the law fall short of asserting that the legal issue -preemption-has been resolved . Cf. Maldonado , 556 F.3d at 1042 ; Helliker , 463 F.3d at 876 ; Qwest , 434 F.3d at 1181. Indeed, while SB 338 is not before us in this appeal, the fact that its provisions revive some of the challenged aspects of the now-repealed law is prima facie evidence that Nevada has not met its burden of demonstrating mootness. See Assoc. General Contractors, 508 U.S. at 661-62, 113 S.Ct. 2297 (case not moot where new legislation retained some challenged aspects of repealed legislation); see also City of Mesquite , 455 U.S. at 289, 102 S.Ct. 1070. Accordingly, we hold that the Nevada legislature's enactment of a statute that repeats some of the challenged aspects of SB 223 is conclusive evidence of its failure to show that it would not reenact any challenged part of SB 223. See id . III. Having determined that the State's appeal is not moot, we turn to the merits. Appellees brought a facial challenge to SB 223 seeking a declaration that SB 223 is unconstitutional in all circumstances. Our review therefore focuses on whether SB 223 is per se unlawful. Cal. Coastal Comm'n v. Granite Rock Co. , 480 U.S. 572, 580, 107 S.Ct. 1419, 94 L.Ed.2d 577 (1987). We review the district court's grant of summary judgment de novo. Asarco LLC v. Atl. Richfield Co. , 866 F.3d 1108, 1118 (9th Cir. 2017). "[V]iewing the evidence in the light most favorable to the nonmoving party," we must decide "whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law." Curley v. City of N. Las Vegas , 772 F.3d 629, 631 (9th Cir. 2014). "We may affirm a grant of summary judgment on any ground supported by the record, even one not relied upon by the district court." Id . IV. A. "Congress enacted ERISA, 'to promote the interests of employees and their beneficiaries in employee benefit plans' and to 'eliminate the threat of conflicting or inconsistent State and local regulation of employee benefit plans.' " Operating Eng'rs Health & Welfare Trust Fund v. JWJ Contracting Co. , 135 F.3d 671, 676 (9th Cir. 1998) (quoting Shaw v. Delta Air Lines, Inc. , 463 U.S. 85, 90, 103 S.Ct. 2890, 77 L.Ed.2d 490 (1983) ). To that end, Congress included an express preemption provision providing that "ERISA 'supersede[s] any and all State laws insofar as they may now or hereafter relate to any employee benefit plan ....' " Id. (quoting ERISA § 514(a), 29 U.S.C. § 1144(a) ). ERISA's preemptive scope is nearly all-encompassing if read literally. The Supreme Court has observed that "[i]f 'relate to' were taken to extend to the furthest stretch of its indeterminacy, then for all practical purposes pre-emption would never run its course." Travelers , 514 U.S. at 655, 115 S.Ct. 1671. Such is a result "no sensible person could have intended." Cal. Div. of Labor Standards Enforcement v. Dillingham Constr., N.A., Inc. , 519 U.S. 316, 336, 117 S.Ct. 832, 136 L.Ed.2d 791 (1997) (Scalia, J., concurring). Thus, "the need for workable standards has led the Court to reject 'uncritical literalism' in applying the clause." Gobeille , 136 S.Ct. at 943 (2016) (quoting Travelers , 514 U.S. at 656, 115 S.Ct. 1671 ). Understanding the current state of ERISA preemption law requires some historical context. At one time the Court gave the term "relate to" "expansive" effect. Gobeille , 136 S.Ct. at 943 ; Dist. of Columbia v. Greater Wash. Bd. of Trade , 506 U.S. 125, 129, 113 S.Ct. 580, 121 L.Ed.2d 513 (1992) (citing Black's Law Dictionary 1288 (6th ed. 1990) ). Because "everything is related to everything else," such a literal interpretation risked snaring a host of state laws that did not target ERISA's field of federal concern. See Dillingham , 519 U.S. at 335, 117 S.Ct. 832 (Scalia, J., concurring). Under that approach, a "state statute's express reference to ERISA plans suffic[ed] to bring it within the federal law's pre-emptive reach." Mackey v. Lanier Collection Agency & Serv., Inc. , 486 U.S. 825, 830, 108 S.Ct. 2182, 100 L.Ed.2d 836 (1988). Moreover, a state law was preempted " 'even if the law [wa]s not specifically designed to affect [ERISA] plans, or the effect [wa]s only indirect.' " Greater Wash. , 506 U.S. at 130, 113 S.Ct. 580 (quoting Ingersoll-Rand Co. v. McClendon , 498 U.S. 133, 139, 111 S.Ct. 478, 112 L.Ed.2d 474 (1990) ). Since Greater Washington , the Supreme Court has narrowed ERISA's preemptive reach, as we have recognized. Golden Gate Restaurant Ass'n v. City and Cnty. of San Francisco , 546 F.3d 639, 654 (9th Cir. 2008) ("We read Travelers as narrowing the Court's interpretation of the scope of § 514(a)."); S. Cal. IBEW-NECA Trust Funds v. Standard Indus. Elec. Co. , 247 F.3d 920, 925 (9th Cir. 2001) ("Since the Supreme Court narrowed the scope of ERISA preemption in Travelers ...."). Instead of interpreting "relate to" literally, the Court has incorporated general principles of preemption analysis. See Travelers , 514 U.S. at 654-55, 115 S.Ct. 1671 ; John Hancock Mut. Life Ins. Co. v. Harris Trust and Sav. Bank , 510 U.S. 86, 99, 114 S.Ct. 517, 126 L.Ed.2d 524 (1993) ; Boggs , 520 U.S. at 841, 117 S.Ct. 1754. First, the Court has applied the presumption that a state law directed at an area of traditional state concern is not preempted. Travelers , 514 U.S. at 654-55, 115 S.Ct. 1671. Relying on preemption cases outside the ERISA context, the Court has explained that "where federal law is said to bar state action in fields of traditional state regulation," "the 'assumption [is] that the historic police powers of the States [are] not to be superseded by the Federal Act unless that [i]s the clear and manifest purpose of Congress.' " Id. at 655, 115 S.Ct. 1671 (quoting Rice v. Santa Fe Elevator Corp ., 331 U.S. 218, 230, 67 S.Ct. 1146, 91 L.Ed. 1447 (1947) ); see also Golden Gate , 546 F.3d at 647-48. Indeed, we have observed that "the Court has come to recognize that ERISA preemption must have limits when it enters areas traditionally left to state regulation." JWJ , 135 F.3d at 677. Second, the Supreme Court has incorporated principles of field and conflict preemption. See John Hancock , 510 U.S. at 99, 114 S.Ct. 517 ("discern[ing] no solid basis for believing that Congress, when it designed ERISA, intended fundamentally to alter traditional preemption analysis"). Courts assess whether the state " 'law stands as an obstacle to the accomplishment of the full purposes and objectives of Congress,' " or targets a "field[ ] of traditional state regulation." Id. (quoting Silkwood v. Kerr-McGee Corp. , 464 U.S. 238, 248, 104 S.Ct. 615, 78 L.Ed.2d 443 (1984) ); Egelhoff v. Egelhoff , 532 U.S. 141, 150, 121 S.Ct. 1322, 149 L.Ed.2d 264 (2001) (invalidating a law that "directly conflicts with ERISA's requirements"); Boggs , 520 U.S. at 841, 117 S.Ct. 1754 (assessing whether "state law conflicts with the provisions of ERISA or operates to frustrate its objects"); Travelers , 514 U.S. at 655, 115 S.Ct. 1671. Whether a state law targets a "field[ ] of traditional state regulation," see Travelers , 514 U.S. at 655, 115 S.Ct. 1671, is a quintessential field preemption inquiry, and whether it "stands as an obstacle" to ERISA's "purposes and objectives," see John Hancock , 510 U.S. at 99, 114 S.Ct. 517, speaks to conflict preemption. See Dillingham , 519 U.S. at 336, 117 S.Ct. 832 (Scalia, J., concurring) (opining that "the 'relate to' clause of the pre-emption provision is meant, not to set forth a test for pre-emption, but rather to identify the field in which ordinary field pre-emption applies-namely, the field of laws regulating 'employee benefit plan[s] described in section 1003(a) of this title and not exempt under section 1003(b) of this title' " (quoting 29 U.S.C. § 1144(a) ) ). As Justice Scalia explained, a contrary approach would read out of ERISA's preemption provision any limitation on its scope: "if [the preemption provision] is interpreted to be anything other than a reference to our established jurisprudence concerning conflict and field pre-emption[,] [it] has no discernible content that would not pick up every ripple in the pond." Egelhoff , 532 U.S. at 153, 121 S.Ct. 1322 (Scalia, J., concurring); accord Egelhoff , 532 U.S. at 153, 121 S.Ct. 1322 (Breyer, J., dissenting) (explaining that the Court's "more recent ERISA cases are consistent with" an "approach" of "apply[ing] normal conflict preemption and field pre-emption principles"). Accordingly, under the modern approach a state law is not preempted merely because it has a literal "connection with" an ERISA plan. Cf. Greater Washington , 506 U.S. at 129-30, 113 S.Ct. 580. Instead, the law must actually " 'govern[ ] ... a central matter of plan administration' or 'interfere [ ] with nationally uniform plan administration.' " Gobeille , 136 S.Ct. at 943 (emphasis added) (quoting Egelhoff , 532 U.S. at 148, 121 S.Ct. 1322 ). Similarly, a state law is no longer preempted simply because it makes literal "reference to" an ERISA plan. Cf. Greater Washington , 506 U.S. at 130, 113 S.Ct. 580. Instead, it must both identify ERISA plans and " 'act[ ] immediately and exclusively upon ERISA plans' " or make " 'the existence of ERISA plans ... essential to the law's operation.' " Gobeille , 136 S.Ct. at 943 (emphasis added) (quoting Dillingham , 519 U.S. at 325, 117 S.Ct. 832 ). And because, under a field preemption analysis ERISA preemption extends only to the limits of ERISA's regulatory domain, a state law does not impermissibly "act[ ] upon" an ERISA plan if it targets an area of traditional state concern, unless it poses an obstacle to ERISA's objectives or invades the federal field. See Travelers , 514 U.S. at 655, 661, 115 S.Ct. 1671 ("nothing in the language of [ERISA] or the context of its passage indicates that Congress chose to displace general healthcare regulation, which historically has been a matter of local concern"); Egelhoff , 532 U.S. at 151-52, 121 S.Ct. 1322 ; Egelhoff , 532 U.S. at 152-53, 121 S.Ct. 1322 (Scalia, J., concurring). Having set forth the pertinent analytical framework, we turn to the scope of ERISA's regulation of ERISA plans to determine the extent of the federal field. An ERISA "plan" is a "set of rules that define the rights of a beneficiary and provide for their enforcement. Rules governing collection of premiums, definition of benefits, submission of claims, and resolution of disagreements over entitlement to services are the sorts of provisions that constitute a plan." Pegram v. Herdrich , 530 U.S. 211, 223, 120 S.Ct. 2143, 147 L.Ed.2d 164 (2000). To those ends, federal regulation of ERISA plans covers four main areas: a plan's fiduciary obligations to plan members, and reporting, disclosure, and recordkeeping requirements. Gobeille , 136 S.Ct. at 944 ; Travelers , 514 U.S. at 650, 661, 115 S.Ct. 1671. Plans must "file an annual report with the Secretary of Labor" detailing a "financial statement listing assets and liabilities ... and ... receipts and disbursements of funds." Gobeille , 136 S.Ct. at 944. They must also "keep detailed records so compliance with ERISA's reporting and disclosure requirements may be 'verified, explained, or clarified, and checked for accuracy and completeness.' " Id. at 944-45 (quoting 29 U.S.C. § 1027 ). If a state law encroaches on these areas of federal concern, it is preempted. Conversely, state laws that do not target these ERISA functions, nor "regulate[ ] a key fact of plan administration," are likely not preempted. See Travelers , 514 U.S. at 655, 115 S.Ct. 1671 ; Egelhoff , 532 U.S. at 151-52, 121 S.Ct. 1322 ; Egelhoff , 532 U.S. at 152-53, 121 S.Ct. 1322 (Scalia, J., concurring); Rutledge v. Seyfarth, Shaw, Fairweather & Geraldson , 201 F.3d 1212, 1217 (9th Cir. 2000). We proceed next to determine whether the presumption against preemption applies to SB 223. Because we conclude that the answer is "yes", we then must determine whether that presumption is rebutted by a showing that SB 223 targets ERISA's field of federal concern or poses an obstacle to ERISA's objectives. B. Debt collection is an area of traditional state regulation, and so the presumption against preemption applies to state laws regulating such activities. See Mackey , 486 U.S. at 834, 108 S.Ct. 2182 ; Travelers , 514 U.S. at 654-55, 115 S.Ct. 1671. Indeed, "state-law methods for collecting money judgments must, as a general matter, remain undisturbed by ERISA." Id . ; see also JWJ , 135 F.3d at 678 (state bonding law allowing ERISA trusts to enforce payment bonds against employers' sureties was not preempted because the law "regulate[d] in an area that Congress has traditionally left to the states"). Nevada has regulated the particular type of debt collection practice here-vicarious liability for construction debts-since the 1930s. SB 223 modified Nevada's vicarious liability statute, Nev. Rev. Stat. § 608.150, with six amendments. Taken together, the amendments limited general contractors' vicarious liability for subcontractors' debts, while expanding information sharing to reduce the risk of delinquencies in the first place. SB 223's various components are therefore all of a piece regulating the exposure of general contractors-who are not parties to ERISA plans-to vicarious liability for subcontractors' debts. And because debt collection is a traditional state function, the presumption against preemption applies. Accordingly, we will deem SB 223 preempted only if it plainly regulates in the "areas with which ERISA is expressly concerned-reporting, disclosure, fiduciary responsibility, and the like," Dillingham , 519 U.S. at 330, 117 S.Ct. 832 (internal quotation marks omitted), "regulates a key facet of plan administration," Gobeille , 136 S.Ct. at 946, or poses an obstacle to the accomplishment of ERISA's objectives, John Hancock , 510 U.S. at 99, 114 S.Ct. 517. C. Appellees attack SB 223 on several fronts. First, they argue that because debt collection is part of ERISA trusts' fiduciary obligations to employee members, SB 223 intrudes on a key ERISA function. From this premise Appellees reason that SB 223 governs a central matter of plan administration and therefore has an impermissible "connection with" ERISA plans. Second, and relatedly, Appellees assert that SB 223 acts exclusively on ERISA plans by repeatedly singling out health or welfare funds and the like, thereby making an impermissible "reference to" ERISA plans. Third, Appellees refute the State's assertion that regulation of ERISA trusts is not coterminous with regulation of ERISA plans , only the latter of which is subject to ERISA preemption. D. We turn our attention to assessing whether SB 223 transgresses any of the factors governing ERISA preemption. Under the first factor, ERISA preempts SB 223 if it has an "impermissible connection with ERISA plans , meaning a state law that governs ... a central matter of plan administration or interferes with nationally uniform plan administration." Gobeille , 136 S.Ct. at 943 (internal quotation marks omitted) (emphasis added). Appellees insist that SB 223 regulates ERISA plans by targeting debt collection, which they assert is a "facet of plan administration." See Gobeille , 136 S.Ct. at 946. Appellees' assertion rests on a flawed premise: that regulations affecting ERISA plan administrators are, ipso facto , regulations of ERISA plans themselves. We long ago rejected this conflation. In Lane v. Goren , 743 F.2d 1337, 1338-39 (9th Cir. 1984), an ERISA trust challenged a state law prohibiting employment discrimination by, among other entities, ERISA trusts. A former trust employee brought an action alleging unlawful termination under state law, and the trust defended on the ground that the law was preempted by ERISA. Id. at 1339. The trust argued that the law "will affect [its] benefit plan by increasing [its] cost of doing business"-presumably by requiring it to pay damages to aggrieved employees-and thereby affected its fiduciary duty to manage plan funds. See id. at 1340. We rejected the trust's argument, explaining that to be preempted, a state law must "reach in one way or another the 'terms and conditions of employee benefit plans.' " Id. at 1339 (quoting 29 U.S.C. § 1144(c)(2) ). The law in Goren did not cross that line because it regulated ERISA trusts as employers, not the plans they administered. Id. at 1339-41. Similarly, in JWJ , we explained that even in the pre- Travelers era, the inquiry was: Is the state telling employees how to write their ERISA plans, or conditioning some requirement on how they write their ERISA plans? Or is it telling them that regardless of how they write their ERISA plans, they must do something else outside and independently of the ERISA plans? If the latter ... there is no preemption. JWJ , 135 F.3d at 679 (internal quotation marks omitted). We conducted a similar analysis in Southern California IBEW-NECA . There, we assessed whether ERISA preempted a California law allowing ERISA trusts to collect money owed for work performed through stop notice and payment bond remedies. 247 F.3d at 923. While the law gave ERISA trusts a tool to satisfy their fiduciary obligation to employees-an area of federal concern under ERISA-we held that it was not preempted because it did not invade any area of federal regulation of ERISA plans. See id. at 925. We found determinative that the bond remedy does not require the establishment of a separate benefit plan, and imposes no new reporting, disclosure, funding, or vesting requirements for ERISA plans. California's statute similarly does not tell employers how to write ERISA benefit plans or how to determine ERISA beneficiary status, and does not condition requirements on how ERISA benefit plans are written. Id. The law in Southern California IBEW-NECA is strikingly similar to SB 223 in relevant part. Both implicate ERISA plans' fiduciary obligations, but neither targets the type of "reporting, disclosure, funding, or vesting requirements" regulated by ERISA, interferes with the terms of an ERISA plan, or otherwise "regulates a key facet of plan administration." See id . ; Gobeille , 136 S.Ct. at 946. Mackey , a case relied upon by the district court and Appellees, further supports this distinction. There, the Supreme Court expressly rejected a claim of preemption against a generally applicable state garnishment law that undercut ERISA trusts' ability to maximize member benefits. 486 U.S. at 831-32, 108 S.Ct. 2182. The Court reasoned that "Congress did not intend to forbid the use of state-law mechanisms of executing judgments against ERISA welfare benefit plans, even when those mechanisms prevent plan participants from receiving their benefits. " Id . (emphasis added). The Court explained that, notwithstanding that the state law "obviously affect[ed] and involve[ed] ERISA plans and their trustees," that was of no moment because the type of action-a "run-of-the-mill state-law claim[ ]"-was a typical "state-law method[ ] for collecting money judgments" left unregulated by ERISA. Id. at 833-34, 108 S.Ct. 2182. In sum, Goren , JWJ , Southern California IBEW-NECA , and Mackey stand for the proposition that if a state law regulates or affects plan administrators in a way that falls outside ERISA's regulatory reach, it does not have an impermissible "connection with" ERISA plans. In contrast, where courts have found an impermissible "connection with" an ERISA plan, the state law operated directly on an aspect of plan administration regulated by ERISA. In Gobeille , the Court addressed a Vermont law "requiring disclosure of payments [by ERISA plans] relating to health care claims and other information relating to health care services." 136 S.Ct. at 940. In so doing, the law targeted ERISA plan recordkeeping and reporting requirements. Id. at 945. Because ERISA regulates those same requirements, the Court found that the law "intrude[d] upon 'a central matter of plan administration' and 'interfere[d] with nationally uniform plan administration.' " Id. (quoting Egelhoff , 532 U.S. at 148, 121 S.Ct. 1322 ). The law therefore amounted to "a direct regulation of a fundamental ERISA function" and was preempted. Id. at 946 (emphasis added). Similarly, in Shaw , the Court deemed preempted a New York law that "prohibit[ed] employers from structuring their employee benefit plans in a manner that discriminates on the basis of pregnancy, and [New York's] Disability Benefits Law, which requires employers to pay employees specific benefits." 463 U.S. at 97, 103 S.Ct. 2890. And in FMC Corp. v. Holliday , 498 U.S. 52, 60, 111 S.Ct. 403, 112 L.Ed.2d 356 (1990), the Court struck down a Pennsylvania law that "prohibit[ed] plans from being structured in a manner requiring reimbursement in the event of recovery from a third party" and also "require[d] plan providers to calculate benefit levels" based on a specified formula. The laws in Shaw and FMC Corp. were preempted because they " 'mandated employee benefit structures or their administration' "-i.e., they regulated the core operations of the plans themselves. See Dillingham , 519 U.S. at 328, 117 S.Ct. 832 (quoting Travelers , 514 U.S. at 658, 115 S.Ct. 1671 ). Put another way, the laws impermissibly "t[old] employers how to write ERISA benefit plans" or otherwise imposed "State ... regulation of employee benefit plans." Shaw , 463 U.S. at 99, 103 S.Ct. 2890 (internal quotation marks omitted); S. Cal. IBEW-NECA , 247 F.3d at 925. SB 223 does neither of these things. Instead, it targets ERISA plans' debt collection practices by defining the circumstances under which third party general contractors may be held vicariously liable for subcontractors' debts. SB 223 neither invades the federal field occupied by ERISA nor poses an obstacle to ERISA's goal of national uniformity in plan administration. SB 223 also lacks a "connection with" ERISA plans for a more fundamental reason: holding otherwise would constitutionalize a state entitlement that Nevada was under no obligation to provide in the first place. Appellees argue that Nevada is precluded from limiting their rights under Nevada's vicarious liability law, but they fail to appreciate that SB 223 trims a state-conferred entitlement rather than infringes an ERISA-guaranteed right. Appellees essentially view vicarious liability as a one-way ratchet: because Nevada offers them an entitlement today, it would be unconstitutional for Nevada to take it away tomorrow. That is not the law. States do not forfeit their authority over matters of traditional state concern by exercising that power in the first place. * * * SB 223 does not "govern[ ] ... a central matter of plan administration," "interfere[ ] with nationally uniform plan administration," or target the types of "reporting, disclosure, [and] fiduciary responsibilit[ies]" regulated by ERISA. See Gobeille , 136 S.Ct. at 943 (internal quotation marks omitted); Dillingham , 519 U.S. at 330, 117 S.Ct. 832 (internal quotation marks omitted). Instead, it targets an area of traditional state concern-debt collection practices. The presumption against preemption therefore applies. And because regulating the vicarious liability of third party general contractors does not target any aspect of the federal field occupied by ERISA nor poses an obstacle to ERISA's objectives, SB 223 does not have an impermissible "connection with" ERISA plans and is not preempted on this theory. E. Appellees may yet prevail if SB 223 makes an impermissible "reference to" ERISA plans by "act[ing] immediately and exclusively upon ERISA plans." Gobeille , 136 S.Ct. at 943 (internal quotation marks omitted). Of the six amendments under SB 223, four mention ERISA plans: the commencement notice (§ 4(7) ), pre-lien notice (§ 4(8) ), delinquency notice (§ 5), and one of the damages (§ 1(2) ) amendments. Recall that § 1(2) limits vicarious liability for general contractors by excluding damages in the form of, among other things, attorney's fees; § 4(7) imposes a notice requirement on contractors when they commence a project; § 4(8) requires ERISA trusts to provide notice of a right to lien against general contractors; and § 5 requires ERISA administrators to notify a general contractor of a delinquency by a subcontractor party to an ERISA plan within 60 days. i. That these four amendments mention ERISA plans is not determinative of preemption in the post- John Hancock , post- Travelers era. In fact, "[t]he Supreme Court ... has never found a statute to be preempted simply because its text included the word ERISA or explicitly mentioned a covered employee welfare benefit plan." WSB Elec., Inc. v. Curry , 88 F.3d 788, 793 (9th Cir. 1996) ; see also NYS Health Maint. Org. Conference v. Curiale , 64 F.3d 794, 799-800 (2d Cir. 1995) (holding that a state law does not make an impermissible "reference to" an ERISA plan if it "merely 'make[s] mention' or 'allude[s]' to ERISA plans"); Thiokol Corp. v. Roberts , 76 F.3d 751, 759-60 (6th Cir. 1996) (same). "Rather than focusing on the text of the statute, we ... look at how it actually operates." S. Cal. IBEW-NECA , 247 F.3d at 929. As explained in Part IV.A, supra , under the Court's modern approach to ERISA preemption, a state law impermissibly "acts upon" an ERISA plan only if it "mentions or alludes to ERISA plans, and has some effect on the referenced plans," WSB Elec. , 88 F.3d at 793 (emphasis in original), by encroaching on an area of federal regulation, see Travelers , 514 U.S. at 654-55, 115 S.Ct. 1671 ; John Hancock , 510 U.S. at 99, 114 S.Ct. 517. A state law that merely mentions an ERISA plan but whose regulatory focus avoids ERISA plans' rights or duties under federal law is, by contrast, not preempted. See Travelers , 514 U.S. at 654-55, 115 S.Ct. 1671 ; WSB Elec. , 88 F.3d at 793. ii. Of the four amendments that mention ERISA plans, Appellees' arguments regarding §§ 1(2) and 4(7) are easily dispatched. Section 1(2) mentions ERISA plans but does not do so "exclusively," as is required for the provision to make an impermissible "reference to" those plans. Gobeille , 136 S.Ct. at 943. Indeed, § 1(2) mentions ERISA plans inclusive of "any other law or agreement" or "any other plan for the benefit of employees" under which a subcontractor may incur labor indebtedness. Section 1(2) is not preempted for an additional and related reason: it does not "act upon" ERISA plans. Its focus is elsewhere-namely, the scope of general contractors' vicarious liability. See WSB Elec. , 88 F.3d at 793 (state prevailing wage law not preempted where it referenced ERISA plans in furtherance of regulating something else: employers' ability to take a wage credit for contributions made to ERISA plans). Section § 4(7) similarly does not target ERISA plans. Instead, it regulates contractors. The amendment provides that a contractor who "participat[es] in a health or welfare fund or any other plan for the benefit of employees is required to notify such fund or plan of the name and location of the project so that the fund or plan