Archive for February, 2011

Nevada Minimum Wage Repeal Proposal Gets Legislative Hearing

By Sean Whaley | 3:18 pm February 16th, 2011

CARSON CITY – State Sen. Joe Hardy, R-Boulder City, told a Senate panel today the Legislature should move forward with repealing the state’s minimum wage law.

Hardy testified in support of his Senate Joint Resolution 2, which would have to pass this session and again in 2013, then go to a vote of the people in 2014, to repeal the state’s law that sets the minimum wage higher than the federal rate.

Hardy told the Senate Commerce, Labor and Energy Committee that the law, which has pushed the minimum wage in Nevada to $8.25 an hour for most workers as of July 1, 2010, has had a chilling effect on hiring and hampered the state’s economic recovery. The law, which is now part of the state constitution, requires a complex calculation, but essentially means Nevada workers earn $1 more an hour than the federal minimum wage rate.

The federal minimum wage is now $7.25 an hour.

Hardy said 36 states have a minimum wage set at the federal level. The other 14 have higher rates, including Nevada.

The Legislature needs to support repeal of the law to return the state to a level playing field with other states “for those who want to create jobs and foster economic growth in Nevada,” he said.

The Nevada State AFL-CIO worked to put the state’s minimum wage law on the ballot. It passed twice and because it is now in the state constitution, repealing or changing its provisions is a complex and time consuming process.

Speakers, including business representatives and union advocates, took predictable stances regarding the proposal.

Tray Abney with the Reno-Sparks chamber said the state’s minimum wage should not be on “autopilot,” rising without regard to economic conditions.

Sam McMullen, representing the Las Vegas chamber, said locking the law into the state constitution has made it impossible to change as economic conditions have changed.

But Danny Thompson, executive secretary-treasurer of the Nevada State AFL-CIO, said the ballot initiative was launched because the Legislature refused to consider proposals to increase the minimum wage.

Gail Tuzzolo, also with the Nevada State AFL-CIO, said Nevadans “should be talking about creating jobs and rebuilding the economy, not taking income away from individuals struggling to put food on their tables.”

The historical record shows that increasing the minimum wage has reduced the poverty level, she said. Economists have demonstrated that the statistical effect of the minimum wage on job losses is nearly nonexistent, Tuzzolo said.

The panel took no immediate action on the bill.

Proposal Could Make It Easier To Carry Concealed Weapon

By Andrew Doughman | 10:58 am February 16th, 2011

CARSON CITY – A bill from Sens. James Settelmeyer and John Lee would ease regulations for carrying a concealed semi-automatic weapon.

Their proposal would allow gun owners to obtain a generic concealed-carrying permit rather than a specific permit for each gun. Advocates for the bill said the current law’s requirements are like having to get separate driver’s licenses for every make and model of car you own.

“You do not have to qualify on your driver’s license for a stick shift and an automatic; it is the vehicle you are driving,” Lee said.

The law currently states that Nevadans must show proficiency with each semi-automatic weapon to obtain a permit for that specific weapon.

The same law, however, allows a person to test with one revolver in order to obtain a permit allowing concealed carrying of all types of revolvers.

Settelmeyer and Lee, a Republican and a Democrat, would change the statute to make semi-automatics equal with revolvers: one permit, all guns.

Frank Adams, executive director for Nevada Sheriffs and Chiefs Association, also endorsed the proposal. He said the bill still keeps testing and training requirements to carry concealed weapons. It does, however, ease requirements for citizens and sheriffs alike.

“This would not only make it easier for our citizens … it would make the administration to that program considerably simpler for us at the sheriff’s office,” he said.

Senators at the Senate Judiciary committee before which the bill was heard questioned whether this would make government less accountable for public safety.

Adams said it would not.

“They [gun owners] go through the training and the qualifications and then they are issued a permit from the county sheriff to carry a weapon concealed,” he said.

Other gun dealers and certified trainers testified in support of the bill. They argued that the bill would not endanger either the gun owner or others by allowing owners to obtain one permit for all semi-automatics.

One gun owner, however, admitted he stood to profit from keeping the law the way it was.

“On the current bill we get to charge people for shooting 17 different automatics,” said Bob Irwin, owner of The Gun Store in Las Vegas.

Nonetheless, Irwin said, if a person qualifies with one semi-automatic, that should be enough to qualify for all of them.

One person testified against the bill, saying the proposal would make Nevada less safe.

Berkley Remains Noncommittal On 2012 Senate Bid

By Nevada News Bureau Staff | 7:41 pm February 15th, 2011

Democratic Rep. Shelley Berkley declined again today to commit to a race for the U.S. Senate in 2012 after poll results show Rep. Dean Heller with a commanding lead over incumbent John Ensign in a GOP primary.

Berkley, D-Nev., interviewed by Jon Ralston on his Face to Face television program, said the poll results from January commissioned by Heller showing him with a 15 point lead over Ensign should be no surprise to anyone.

Ensign has been suffering fallout from revelations of his sexual indiscretions with Cindy Hampton, the wife of his best friend and former senior staffer. The Senate Ethics Committee continues to investigate whether Ensign violated the law in attempting to resolve the matter.

“John Ensign knows he is in trouble,” she said. “He is trying to rehabilitate himself with the people of the state of Nevada, his constituents. And I don’t think this poll is a surprise to John.”

Berkley said if she decides to run for the Senate seat, she will not get to select her opponent.

“I think I will let the Republican voters in our state decide who their candidate is going to be,” she said.

The poll of 600 likely Republican primary voters showed Heller with 53 percent to 38 percent for Ensign.

Heller has indicated he is considering a run for Ensign’s seat.

Accessibility or Agenda Setting? Democrats Holding Frequent Press Briefings

By Andrew Doughman | 4:12 pm February 15th, 2011

CARSON CITY – A coffee shop across the street from the Legislature announces “let the games begin.”

With the Legislature in session for less than two weeks, Democratic legislators seem to be playing the game well.

They have called the press corps to briefings during three of the past four working days to showcase meetings or bills they’d like to advance.

This has helped them steer news coverage to the bills they’d like Nevadans to pay attention to, even though some of the journalists among the capitol press corps have neither attended the briefings nor written stories about the bills.

“We want to highlight a few bills,” said Speaker John Oceguera, D-Las Vegas at today’s press briefing where Assembly Democrats announced a school retrofit proposal and a bill related to trade. “We’d like to meet with you every week … We want to get some of our proposals out.”

He said the strategy has been effective so far, citing an example from last week when Democrats held a press conference for a jobs bill that was well-covered in the press.

“It helps to draw attention to the issues that they want to keep raising before the public, so I don’t think it hurts them at all to keep doing that,” said Barry Smith, executive director of the Nevada Press Association.

Oceguera later said the Senate and Assembly Democrats plan to have weekly press briefings Monday and Tuesday afternoons.

On one hand, the conferences could allow legislators to help steer public debate, thereby setting the agenda for what is, and what is not, important. On the other hand, reporters are free to choose whether or not they should pursue the story offered to them at the press conference. It’s the old debate about what constitutes news and who should decide what news is.

Whether the answer is the politicians, the people or the press, frequent media conferences do allow the journalists easy access to lawmakers. The meetings promote government transparency.

“Speaking in general, I like the idea of the accessibility, and you can always ask a question that’s not related to the subject of the press conference,” said Jerry Ceppos, dean of the Reynolds School of Journalism at the University of Nevada, Reno. “I’d say the more the merrier.”

The frequent press conferences also allow spin-off conversations between legislators and reporters to continue after the inevitable “last question” announcement signals the end of the formal media briefing.

“I often like press conferences more than press releases because I can’t talk back to press releases,” Ceppos said.

The Democratic strategy mirrors the policy next door at the Capitol building. Gov. Brian Sandoval sends his senior adviser, Dale Erquiaga, to take questions from the press every Monday.

“It’s a good way for the governor to communicate with the press as well as answer all the questions you all might have,” said Mary-Sarah Kinner, Sandoval’s press secretary.

Kinner helped arrange the Monday meeting time to fit reporters’ schedules.

Republicans at the Legislature are using a different strategy.

“We try to hold a press conference when we really have something to say,” said Senate Minority Leader Mike McGinness, R-Fallon, clarifying afterward that he didn’t mean Democrats have nothing to say.

“It’s just early,” he said. “It’s only day seven.”

Hearing Canceled On Measure To Fine Companies For Failing To Obtain State Business Licenses

By Sean Whaley | 10:38 am February 15th, 2011

CARSON CITY – A bill that would impose fines of $1,000 to $10,000 on businesses that failed to obtain a state business license after being notified by the secretary of state’s office has been pulled from a scheduled committee hearing.

Assembly Bill 78, sought by Secretary of State Ross Miller, had been set for a hearing on Wednesday in the Assembly Judiciary Committee.

Pam duPré, public information officer for the secretary of state’s office, said today Miller wants to clarify some of the language in the bill, and expects it to be rescheduled for a hearing before the Judiciary committee next week.

Freshman GOP Assemblyman Mark Sherwood last week criticized the bill, saying it would hurt Nevada’s business climate. Sherwood sent an email to Miller on Wednesday raising concerns about the bill but did not get a response. He then issued a press release saying the bill as written “would kill jobs and destroy businesses.”

Current law allows for fines for willful failure to obtain a state business license. AB 78 as currently written would remove the requirement for willfulness before such fines could be imposed.

Sherwood’s concerns were reported Friday by the Nevada News Bureau.

Business Leaders Say Low Taxes Not Enough

By Andrew Doughman | 5:47 pm February 14th, 2011

CARSON CITY – Business leaders from several large technology companies said today that Nevada lacks the skilled workforce necessary for them to locate in Nevada over the long-term.

When asked whether they favored low taxes or a solid educational system when choosing where to locate their business, a executive from General Electric said both are equally important.

The remarks contradict what Gov. Brian Sandoval, who was also at the meeting with business leaders, said earlier. Sandoval had said that the state’s education system rarely comes up in conversations with business executives.

“Most of the skills we’re looking for we’ve had to bring outside of the state,” said Kevin Doyle of Capgemini, a French-based, information-technology company with business interests in Nevada. “However, frankly, in order to start our business here we need to bring some folks so we know it’s not sustainable long term. Having technology skills is absolutely paramount.”

The businesses said what has been aired in the public sphere before: the lack of educational attainment hurts the state. Legislators said, however, that the meeting was helpful.

“Well, what it helps to do is reinforce that there is commitment on behalf of companies to come and locate to Nevada,” said Senate Majority Leader Steven Horsford, D-Las Vegas. “They want a trained and educated workforce. They need people with the skills to perform certain functions.”

The elected officials gathered at the meeting stressed a renewed bipartisanship as a good sign that they’ll make progress with economic development this legislative session.

The Valentine’s Day meeting brought both political parties to the table.

Horsford and Speaker John Oceguera, D-Las Vegas, convened the roundtable meeting with business representatives, legislative leadership from both parties and the governor and his staff.

“I challenge any state to bring in a lieutenant governor, a governor, a majority leader, a speaker, the chairmen of the various commissions, the heads of both parties here all in one place to talk about these issues,” Sandoval said. “I think it reinforces some of the things that we all understand, that we have a great business environment in this state.”

Republicans and Democrats seem to be flirting with bipartisanship, but they haven’t yet taken up electoral redistricting or the possibility of tax increases.

For now, however, the consensus among legislators of both parties is that the community colleges should be partnering with businesses. Businesses would ask that students learn certain skills and the colleges would then tailor certification courses to the needs of businesses.

Dan Klaich, chancellor of the Nevada System of Higher Education that oversees universities and community colleges, said that this is what community colleges already do.

“The community colleges are the most nimble of the institutions in the system,” he said. “They have programs that they regularly tailor to the needs of a particular business.”

He said the governor’s proposed budget cuts, which total about $162 million during the next biennium, could curtail the ability of the community colleges to create new programs for high-tech industries.

The question of funding for education came up again during a Senate committee hearing. Devin Whitney, a government representative from the membership organization Tech-America, had attended the meeting with the governor and legislative leadership, but stressed his points on the record at the hearing.

He praised Nevada’s low taxes, but said they weren’t enough to attract the businesses he represents.

“What is still lacking is the skilled workforce,” he said. “That requires the appropriate investment in the education system to make sure they are churning out graduates.”

Sen. Ben Kieckhefer, R-Reno, asked Whitney to further describe how certification programs at community colleges would work.

Whitney replied that, in some cases, the programs are simple.

“You do the training, you take the course, you pass a test at the end and you are ready to work,” he said.

Whitney brought up information technology centers as an example. Companies may be drawn to Nevada’s low taxes, but they need educated people to staff such a center.

“If they can’t get the people to manage that center, then they’re going to have to import them from out of state even with the good regulatory and tax environment,” he said.

Senate and Assembly education committees will take up the issue of higher education this Wednesday. The Senate committee on economic development before which Whitney testified also has a day scheduled exclusively for debate about high-tech industry.

State Employees Protest Lack Of Discussion On Tax Increases To Help Balance Budget

By Andrew Doughman | 5:26 pm February 14th, 2011

CARSON CITY – About 50 state employees gathered in front of the Legislative Building today to call on Gov. Brian Sandoval to participate in a discussion about potential tax increases to help fund the state budget.

With the wind blowing at a steady clip, Vishnu Subramaniam, AFSCME Local 4041, chief of staff, said: “This is a great analogy of what’s going on in the state. They’re trying to blow us away while we’re providing services.

“We need a broad-based corporate tax,” he said. “We need to be having a talk about revenues. The talk of cuts is a red herring.”

Subramaniam said by not having a revenue debate, the state budget under review in the 2011 legislative session is focused on only one side of the equation: budget reductions.

Sandoval has rejected any proposals to increase taxes or fees to help balance the budget. He has submitted a $5.8 billion general fund budget that he says does not include any new tax or fee increases.

John Kinney, a custodial maintenance worker at Western Nevada College, held a sign that said: “Sloppy thinking equals quick fixes! Gov: you can do better!”

“I’d like them to take away the 5 percent cut and give us our furloughs back,” he said. “We’re getting cut more than anyone else. We’ve had furloughs for the last three years.

“I rented out my house because it was almost foreclosed on,” Kinney said. “If I wouldn’t have rented it out, I would’ve lost it.”

Senate Majority Leader Steven Horsford, D-Las Vegas, spoke to the assembled group, saying the cuts proposed in Sandoval’s budget need to be given a human face to show how they affect nurses, social workers and the community as a whole.

Tough cuts are needed but, “we can’t dismantle Nevada,” he said. “We need to put Nevadan’s back to work.”

Asked to comment on the gathering, Dale Erquiaga, senior adviser to Sandoval, said the 5 percent pay cut being proposed for state workers is only slightly larger than the 4.6 percent reduction in place now. While state employees are also getting unpaid days off in exchange for the reductions, a practice that would be eliminated in Sandoval’s proposed budget, state government is a service industry and the needs of the public have to be considered, he said.

Erquiaga also noted that Sandoval is seeking the same 5 percent cut for public school teachers and university faculty as part of his “shared sacrifice,” although it will be up to school district boards and the Board of Regents to decide whether to implement such reductions.

“You can’t ask state employees to carry it all and have university faculty take none,” he said. “I think the state employees would agree with that.”

Erquiaga said there is no reason the Legislature can’t have a discussion of new taxes or revenues, but that lawmakers should do so early on in the session and in a public forum so the public can participate.

Not in the last hour of the session in the dead of night, he added.

Sandoval would not be opposed to a discussion with lawmakers about putting a tax increase before the voters, Erquiaga said. It would depend on the details: what type of tax increase, who would vote, and how long it would last,” he said.

“He has never said he would prohibit the public from voting on taxes,” Erquiaga said.

Capital Bureau Chief Sean Whaley contributed to this report.

Audio clips:

Sandoval Senior Adviser Dale Erquiaga says state government is a customer service industry:

021411Erquiaga1 :09 for them first.”

Erquiaga says Sandoval is seeking the same 5 percent salary cut for teachers and university faculty:

021411Erquiaga2 :07 agree with that.”

Erquiaga says Sandoval will not change his position against new taxes or fees:

021411Erquiaga3 :17 they don’t know.”

The Federal Stimulus After Two Years: How many jobs did it provide?

By Andrew Doughman | 4:00 am February 12th, 2011

CARSON CITY – Turn on the TV these days and it seems as if every politician is talking about jobs and the economy.

We hear it again and again: “jobs, jobs, jobs.”

In a state with the nation’s highest unemployment rate, it then seems sensible to ask how many jobs were created with the $2.9 billion dollars Nevada has so far received as part of the Federal American Recovery and Reinvestment Act (ARRA), otherwise known as the federal stimulus.

The bill was passed Feb. 13, 2009. Two years later, the state’s unemployment rate hovers near 15 percent.

But before we assess the effect of the stimulus on jobs in Nevada, let’s answer this question: what is a job? One simple definition comes to mind: labor for which a person is paid money.

How about 520 hours worked during one fiscal quarter? That statistic is an example of how the government actually tracks job creation through ARRA.

Charles Harvey, Nevada’s ARRA director in the Office of the Governor, said 23,833 jobs were created in Nevada due to ARRA funds between April 2009 and September 2010.

But he said the number is “meaningless” because it has no relation to the actual number of people employed through stimulus dollars.

Working 520 hours during one fiscal quarter equates to one person working about 40 hours per week.

But in order for ARRA to be credited with creating a job, those hours don’t have to be worked by just one person. Two people might work 20 hours per week or five people might work eight hours per week.

It’s unlikely, but under the tracking system 520 people could each work one hour during a fiscal quarter; ARRA would be credited for creating one job.

In the same way, jobs measured per quarter or per month might actually count the same person twice.

The Nevada Department of Transportation’s website provides a breakdown of employment created with stimulus funds. Many of their projects involve road construction or maintenance, but it’s not as simple as counting every orange vest at the work-site.

The NDOT numbers also aren’t tied to individuals.

“There may be instances where one worker performs work at two separate recovery-funded projects and is thus counted as two employees,” their website says.

The jobs figures also obscure compensation.

“You can’t tell if they are minimum wage workers or professional engineers,” said Mary Keating, an official who tracks ARRA funds for the State Controller’s office.

This makes it difficult to determine the quality as well as the quantity of jobs the stimulus dollars provided for.

A professional engineer, for example, who earned $75,000 per year through a stimulus job in Nevada probably spent money which helped the state’s economy.

But so did the thousands of people who received unemployment benefits through the stimulus.

In Nevada, $1.5 billion of the $2.9 billion in stimulus funds spent during the past two years have simply gone to keeping unemployment benefits checks in the mail.

“That money was spent in the Nevada economy,” Keating said.

People down on their luck received a check that they could cash and spend on necessities like groceries and rent. That’s money that conceivably helped keep the grocery clerk employed or helped the landlord hire the plumber to fix a tenant’s leaky faucet.

But those numbers aren’t factored into the jobs equation.

“We only measure the direct jobs,” Harvey said.

The jobs figure also includes jobs that were “saved,” like the $83 million Harvey said helped keep Nevada teachers employed.

So how many jobs did the stimulus save or create?

The answer has even eluded lawmakers like recently-retired Sen. Bill Raggio, R-Reno, who was on a taskforce to oversee stimulus funds.

The short answer is: it’s hard to say. The state has no “head count” figure – that’s real, individual people – that answers the question.

What we do know is that job creation funds were actually just a small portion of the stimulus.

“The smallest pool of money went to projects that would actually create jobs,” Harvey said.

But talk of jobs and job creation have since overshadowed everything else the stimulus set out to accomplish.

“Since the act had so many goals originally, the focus of all those other goals has dimmed,” Harvey said. “The light has shined on jobs and unemployment only.”

Perhaps with nearly 15 percent of Nevadans unemployed, it’s understandable that the focus has been on jobs.

But taken as a whole, did the stimulus actually help Nevada’s economy?

We’ll explore that question in an upcoming story, too.

Legislators Working At “Breakneck” Speed

By Andrew Doughman | 5:31 pm February 11th, 2011

CARSON CITY – Legislators have done this week what the cynical among us would never have expected: they got right to work.

The chatter in the hallways at 401 S Carson Street has revolved around the fast pace legislators seem to be setting during their first week in session. Legislators are already listening to testimony about bills. Legislative leaders are already rolling out big jobs bills.

“They’re moving at breakneck speed,” said Chris Ferrari, a lobbyist with Ferrari Public Affairs.

The quick pace could help later because legislators have plenty to attend to this session. Chief among their tasks is balancing the state’s budget, a challenge made more difficult because of the recession and the past two years of budget reductions.

Legislators also need to redraw the state’s electoral districts based on data from the 2010 U.S. Census. Nevada’s population grew enough between 2000 and 2010 to win it a fourth Congressional district. Penciling in the lines on the map will require legislators to balance politics and fairness.

Putting themselves through the paces early frees up time for the big fights later.

For the taxpayer, making sure the legislative session finishes on-time also saves money. Legislators have already appropriated $15 million for the cost of this year’s session. Depending on the duration and scope of work required for a special session, each extra day could cost between $50,000 and $100,000.

George Flint, a lobbyist for Reno area wedding chapels and some of Nevada’s legal brothels, said he appreciates the hustle.

“They are jumping into some of these important bills early,” Flint said. “I think there is a mentality I like and appreciate, let’s get this show on the road because we have some really huge fights and really huge issues to address and if we wait too long we’re going to be really on a short time frame as the 120 days creeps up.”

Longtime lobbyist Scott Craigie, who also served as chief of staff to former Gov. Bob Miller, said lawmakers are moving quickly in the first week of the session, particularly in the Senate. Craigie is representing the Nevada State Medical Society, among other clients.

“I think the Legislature is really moving forward, as much as they can,” he said. “It is interesting because the Assembly side has a lot of new people in it, so those folks are trying to find their way and get their bearings, whereas the Senate is really moving very aggressively.”

Craigie said Senate Majority Leader Steven Horsford, D-Las Vegas, who announced on the first day of the session on Monday he wants job creation legislation passed within 30 days, has been aggressive in pursuing his agenda, even before the session began.

“And a lot of the people on the Senate side have kind of gone along with that and in fact have added to it,” he said.

Horsford and his counterparts in the Assembly on Thursday announced two major jobs initiatives they will pursue over the next few weeks. It is not clear yet if Gov. Brian Sandoval will support the measures. Senate Minority Leader Mike McGinness, R-Fallon, said he too has observed that the session is moving quickly. Senate committees including Judiciary, Transportation and Revenue have all had lengthy hearings this first week, he said.

“You’ve got to hit the ground running and get into third gear pretty quick,” he said.

Recent changes encourage faster legislative process

Workers at the legislative building attribute some of the fast start to structural changes made within the past dozen years.

The first change came in 1999, when the Legislature first convened for a 120-day legislative session. Prior to that, the 1997 session had last from late January into early July.

The state never had had limits on its sessions, perhaps because legislators of yesteryear never would have dreamed of still being in Carson City in July.

“In the old days people would come in when it was too cold to plant crops, stay here for a few months and go home,” said Lorne Malkiewich, director of the Legislative Counsel Bureau.

But since the imposition of session deadlines, the Legislature hasn’t kept to its deadlines very well. Sessions ran over the allotted 120-days in 2001, 2003, 2005 and 2007.

That changed, though, in 2007. Legislators passed a law that required the pre-filing of bills, meaning that staff drafted more bills before the session ever started. With the language of the bills in front of them, legislators have an easier time getting to work.

“In the past, there have been been times when the first week has been almost completely lost,” Malkiewich said.

But he isn’t ready to call off a special session.

As legislators are so fond of saying, everything is on the table.

Capital Bureau Chief Sean Whaley contributed to this report.

Longtime lobbyist Scott Craigie says the Nevada’s Senate is moving quickly during the first week of session:

021111 Craigie: Senate moving very agressively”

Longtime lobbyist Scott Craigie says the Nevada Senate Majority Leader Steven Horsford, D-Las Vegas, has been aggressive in pursuing his agenda:

021111 Craigie: have added to it.”

GOP Lawmaker Opposes Bill to Impose Big Fines on Unlicensed Businesses

By Sean Whaley | 4:26 pm February 11th, 2011

CARSON CITY – Freshman GOP Assemblyman Mark Sherwood is taking Secretary of State Ross Miller to task for proposing legislation that he says will hurt Nevada’s business climate.

Sherwood, R-Henderson, said Assembly Bill 78, set for a hearing Thursday in the Judiciary Committee, “would kill jobs and destroy businesses.”

The bill would impose fines of at least $1,000 for businesses that fail to obtain or renew a state business license within 30 days of receiving notice of such failure from the secretary of state’s office.

Sherwood called the fines, which could rise to $10,000, unfair, noting they could be imposed even on businesses that accidentally failed to obtain a license within the specified time frame.

Current law allows for fines for willful failure to obtain a state business license. AB 78 would remove the requirement for willfulness before such fines could be imposed.

“The word willfully has been stricken from the new revision so no matter what, in 30 days, if you don’t pay this bill, you are on the hook for no less than $1,000,” Sherwood said.

Sherwood said an agent often obtains the license for the business, and the business owner may not see the documentation for 30 days.

“At a time when we should be doing all we can to assist small businesses and remove government obstacles to their success, it is simply outrageous to create new bureaucratic burdens on small business owners,” he said. “This is one of the most egregious anti-business proposals I have ever seen.”

Sherwood said he emailed his concerns to Miller but has not yet received a response.

Asked for a response to Sherwood’s criticisms of the measure, Miller said in an email: “It is unfortunate that, during a time when this state should be focused on coming together to find solutions, Mr. Sherwood has instead chosen to resort to partisan motivated publicity stunts before understanding or perhaps even reading the bill.”

As a member of the Board of Examiners, Miller has sought to ensure that businesses awarded contracts by the state have a state business license.

Sherwood said he has read the bill and is concerned about what such fines might mean to Nevada’s troubled economy and business climate.

“Times are hard enough on Nevada’s entrepreneurs,” he said. “As legislators, we should be working to remove Draconian government roadblocks, not create more of them.”

Audio clip:

Assemblyman Mark Sherwood says AB78 would fine businesses even for accidentally failing to obtain a business license within the specified time frame:

021111Sherwood :10 less than $1,000.”

State Democrat Lawmakers Announce New Job Creation Initiatives

By Sean Whaley | 3:45 pm February 10th, 2011

CARSON CITY – Democratic legislative leaders today announced they will pursue legislation to ensure Nevadans are employed on state or local government public works projects.

The lawmakers plan to introduce a bill implementing that requirement, along with provisions for some materials purchases to be made in state, and the registration of some vehicles to be done in Nevada, in the Assembly on Friday for a hearing Monday in the Government Affairs Committee.

Called “Nevada Jobs First,” the measure would establish a bidding preference for companies using Nevada workers when they bid on government construction projects.

The preference would require a bidder to employ Nevadans for 50 percent of its workforce on a project, require vehicles used in a project to be registered in Nevada, and require 25 percent of materials used for a project to be purchased in state, among other provisions.

“This piece of legislation will give priority on bidding on state and local public works projects in Nevada with Nevada businesses that employ Nevada workers,” said Assembly Speaker John Oceguera, D-Las Vegas. “It is something we can do right away.”

The preference concept is legally defensible, he said.

Senate Majority Leader Steven Horsford, D-Las Vegas, announced another jobs initiative he called the “Nevada Jobs Fund” to put construction industry employees back to work.

“The Nevada Jobs Fund would be an infrastructure capital fund,” he said. “Revenues going into this fund would be used to finance bond issues dedicated strictly to infrastructure projects. Now we’re still finalizing potential sources for the fund, and that will be part of what the committee takes up on the initiative.”

Legislative Democrats were joined by Heidi Gansert, chief of staff to GOP Gov. Brian Sandoval for the announcement, but she did not immediately endorse either proposal, saying they would have to be reviewed first.

Gansert said she was at the event to talk about “Silver State Works,” a component of Sandoval’s economic development plan that would direct $10 million to the employment initiative aimed at training veterans, unemployment benefit recipients, public assistance recipients and ex-offenders for jobs.

Sandoval’s proposal has been endorsed by Democrats, including Horsford.

Sandoval and lawmakers agree job creation is the top priority in the session. There may not be agreement on how to accomplish the objective.

Sandoval is opposed to any tax increases, so the jobs fund described by Horsford would have to find existing revenues to overcome that hurdle.

Horsford’s capital construction fund is similar to a jobs proposal pushed by a coalition of construction industry groups that was discussed Wednesday at a Senate hearing. Several of the more than 100 unemployed construction workers testified at the hearing that too many of Nevada’s public works projects are won by out-of-state companies who do not employ Nevadans.

Dale Erquiaga, senior adviser to Sandoval, today took issue with a statement made at the hearing by Steve Holloway, executive vice president of the Associated General Contractors of Las Vegas. Holloway said Sandoval’s plan to use $425 million in excess school bond reserve funds to help fund school district operating budgets would result in the loss of 5,000 more private sector jobs.

Erquiaga said that statement is incorrect. Sandoval’s plan would not touch the actual monies used in school construction, only the debt reserve account. Those monies cannot be used for construction, he said.

“The construction accounts are kept whole,” he said.

Assemblywoman Marilyn Kirkpatrick, D-North Las Vegas, said three other states have imposed bidder preference requirements being considered by the Nevada Legislature, including Idaho and California. Several other states have some types of preference requirements, she said.

Audio clips:

Assembly Speaker John Oceguera says the bidder preference proposal would put Nevadans to work:

021011Oceguera :18 to the Senate.”

Senate Majority Leader Steven Horsford says the Nevada Jobs Fund would help the hard-hit construction industry:

021011Horsford :19 on the initiative.”

People Denied Health Insurance For Pre-Existing Conditions Have New Option

By Andrew Doughman | 1:48 pm February 10th, 2011

CARSON CITY – Nevadans denied health insurance for pre-existing conditions are now guaranteed coverage via a federally funded health insurance program.

In the past, it’s been either costly or impossible to find coverage if someone has a health condition requiring frequent or expensive treatment.

The Pre-Existing Condition Insurance Plan ensures coverage for someone who has been denied coverage within the past six months.

As many as 19,000 Nevadans may be eligible to receive this coverage, said Marilyn Wells, director of the Governor’s Office of Consumer Health Assistance, an office whose staff help people navigate the health care system.

She said only 57 people have received coverage through the federal government plan since it began during September, 2010.

To qualify, a person must be a citizen or legal resident, have a pre-existing medical condition and can not have had health insurance during the past six months.

The plan also disqualifies people who currently receive Medicaid or Medicare benefits. Since the plan does come with some expense for its benefits, Wells said it’s aimed at middle-income individuals whose health insurance would be prohibitively expensive because of a pre-existing condition.

“Most people who have applied for regular insurance may be able to afford regular insurance, but when they are ‘upgraded’ because of their pre-exsiting condition, that makes their policy way out of line for them,” Wells said. “This brings it to more of a standard cost so it’s more affordable for them.”

The federal government has allocated $61 million to fund the program nationwide.

The Patient Protection and Affordable Care Act, President Barack Obama’s health care law, mandates that insurers will not deny anyone for pre-existing conditions from 2014 on.

For now, though, this insurance plan is available as a “bridge” until that element of the law takes effect.

In the meantime, litigation surrounding the law continues in the federal court system.

Bipartisan Support Offers Good Chance For Campaign Finance Reform In 2011 Session

By Sean Whaley | 1:40 pm February 10th, 2011

CARSON CITY – Secretary of State Ross Miller says the time is ripe to get a substantial campaign finance reform package through the Legislature, and with Gov. Brian Sandoval and lawmakers of both parties in agreement on the need for change, he may be right.

“I believe we probably have the best chance to pass meaningful campaign finance reform this session than in any other cycle we’ve had,” Miller said.

“Every time an outside group comes in and gives Nevada an ‘F’ and ranks us dead last in terms of campaign finance transparency, the single biggest complaint that they have is that we allow for handwritten, paper-based reports that can be sent in often times a day or so before the election,” he said. “In a state where well over half the people will vote early, that’s not helpful to anybody.”

Miller’s reform measures, Assembly Bills 81 and 82, were introduced on the first day of the session on Monday. AB82 would require candidates in most cases to file their campaign contribution and expense reports electronically so the public could easily review the information in a searchable database.

Assembly Bill 81 would require the reports to be filed four days ahead of early voting, with an update due the Friday prior to the primary and general election days. Currently the reports are filed just seven days before the primary and general elections, well after many Nevadans have already cast their ballots. The reports can also be mailed in, making the information even less useful to voters.

Miller said the idea is to get the information out to the public at the appropriate time, and in a format that would allow voters to examine the reports in a convenient way.

“The current structure is a disaster and we deserve the ‘F’ we get every cycle,” he said. “This legislation I don’t think will move us to an ‘A’ but I would be happy with a ‘C’ at this point. I would be happy with a passing grade.”

Efforts to require electronic filing of the reports have failed in past sessions due to opposition by some lawmakers.

Sandoval supports electronic filing as well.

In a statement from his office in response to a query about the measures, spokeswoman Mary-Sarah Kinner said: “We’re still reviewing the full bills as they cover many election issues, but we do support the electronic filing because it has the potential to put the information in the hands of voters earlier in the campaign. We’ll continue to monitor these bills and other campaign measures.”

Sandoval said he has been in conversation with Miller on the need for campaign and election reform.

“I know there are some items that I’m going to be supportive of within his package,” he said.

Assembly Speaker John Oceguera, D-Las Vegas, who had initially indicated he might pursue his own measure, said instead he will likely use Miller’s bills as a starting point for implementing needed reforms. Oceguera said he is optimistic the Legislature will adopt needed changes to the reporting process.

Oceguera said he has not yet read Miller’s proposals, but does conceptually support reforms.

“We should be as transparent as possible,” he said.

Sen. Barbara Cegavske, R-Las Vegas, said she is optimistic as well that reforms will succeed this session.

“We do everything online now,” she said of her campaign reports. “So I’m there. I’m up with technology and so I have no problems with it. I support Ross Miller and the changes that he wants and I think it is going to be fine.

“There is no reason not to do it,” said Cegavske, a member of the Senate Legislative Operations and Elections Committee that will hear the bills later in the session.

In addition to the bipartisan support, some opponents of the reforms are no longer serving in the Legislature, which could also improve chances for passage.

Former Sen. Bill Raggio, R-Reno, made the motion to delete the electronic filing requirement in Miller’s campaign bill in the last days of the 2009 session. The Assembly had already weakened the requirement by postponing its effective date to 2011 so it would not affect the 2010 campaign season.

In this session, the two bills have now been referred to the Assembly Legislative Operations and Elections Committee. A hearing has not yet been scheduled.

Miller said a proposal requiring the reporting of large contributions within 72 hours within 21 days of an election is not part of his reform package this session.

There was some opposition to the idea from some elected officials who said it was too burdensome, he said.

Oceguera said in September he would seek such a change to state law this session, but in comments earlier this week he appeared to back off the idea.

The Nevada Legislature is made up of citizens who have regular jobs, families and other commitments, he said.

“You should report those as quickly as you possibly can, but I don’t know if 72 hours is the appropriate number,” Oceguera said. “Maybe we give people 10 days or two weeks.”

Miller said he is making the reform proposals a priority for his office, and is engaged in public outreach to drum up support for the changes, including a Facebook page. Past efforts at reform may have failed in part because lawmakers did not get any sense that the public was concerned about the need for the changes, he said.

“It is a modest step forward to mandate that these reports be filed electronically,” he said. “It does not create any additional burden on elected officials or candidates, and while at the same time would be a giant leap forward in putting more transparency in place.”

Audio clips:

Secretary of State Ross Miller says 2011 session is best chance to pass campaign reforms in long time:

021011Miller1 :10 cycle we’ve had.”

Miller says electronic filing of campaign reports is absolutely necessary:

021011Miller2 :24 before the election.”

Miller says failure to use electronic filing is why the state gets bad grades for campaign finance reform:

021011Miller3 :22 before the election.”

Miller says current process is not helpful to anyone:

021011Miller4 :22 before the election.”

Miller says his proposals are modest but would be giant leap forward for transparency:

021011Miller5 :25 transparency in place.”

Miller says the current reporting process is a disaster:

021011Miller6 :05 get every cycle.”

Miller says his reforms will at least give the state a passing grade for campaign reform:

021011Miller7 :09 a passing grade.”

Gov. Brian Sandoval says there are proposals in Miller’s bills that he will support:

021011Sandoval :04 within his package.”

Assembly Speaker John Oceguera says a 72-hour reporting requirement for some contributions may be too burdensome:

021011Oceguera :12 go to work.”

Sen. Barbara Cegavske says she supports Miller’s electronic filing requirement:

021011Cegavske :08 to be fine.”

Senate Panel Hears Jobs Proposal, But Call For Tax Increases Faces Opposition

By Sean Whaley | 3:20 pm February 9th, 2011

CARSON CITY – Construction industry groups advocating for a tax increase to fund public works projects around the state to help put people back to work made their pitch to a legislative committee today, but the Building Jobs Coalition proposal faces opposition from Gov. Brian Sandoval.

More than 100 construction workers, some of whom have been looking for work for the past two years, marched around the Legislative Building before crowding into a hearing room to support the plan.

The coalition notes that over the past three years, the construction industry has lost 54,900 jobs in Las Vegas and 12,000 in the Reno-Sparks area.

Sen. Ruben Kihuen, D-Las Vegas, chairman of the Senate Select Committee on Economic Growth and Employment, said at the start of the hearing that creating jobs in Nevada is the No. 1 priority for the 2011 Legislature.

Steve Holloway, executive vice president of the Associated General Contractors of Las Vegas, told the panel the Legislature has the chance to address the underlying economic crisis or “simply exacerbate the problem by applying another short-term fix as was done in the two previous legislative sessions and as the newly elected governor proposed in his State of the State address.”

Holloway said Sandoval’s plan to use $425 million in excess school bond reserve funds to help fund school district operating budgets will conservatively result in the loss of 5,000 more private sector jobs.

But much of the Building Jobs Coalition plan, which calls in part for the creation of a Nevada Job Bonds Support Fund, a stable, dedicated revenue source for capital construction projects, is in conflict with Sandoval’s opposition to any call for new taxes or fees.

The coalition says one option lawmakers should consider for creating such a fund would be a tax increase, either a one-quarter of a cent sales tax, a ten cent property tax levy, or an “infrastructure” surcharge imposed on all licensed vehicles.

When the coalition first released its plan last month, the Sandoval Administration responded: “The governor supports the goal of job creation, but believes it is best accomplished by private sector growth. The strategy of spending public money we don’t have may yield short-term gains for some, but do long-term damage to the economy as a whole.

“Since this is the first we’ve heard of the proposals, we are reviewing them with interest. The governor’s top priority is building and fostering a business environment which creates new jobs without adding to the tax burden or spending money Nevada doesn’t have.”

Most Republican lawmakers are also opposed to any tax increases being considered this session, putting the jobs proposal on a rocky path to success.

Senate Majority Leader Steven Horsford, D-Las Vegas, has embraced the plan, saying it would build on a similar measure passed in the 2010 special session which lifted the sunset on a temporary sales tax increase that was passed by voters in 2002. The revenue projected as a result of the repeal was used to issue bonds to construct public works projects.

Horsford today noted that former Gov. Jim Gibbons, who also advocated against any tax increases in his term, supported the measure.

Horsford said SB5 generated $169 million for 20 infrastructure projects that have created 2,500 private sector construction jobs.

In his opening remarks at the start of the session Monday, Horsford said: “I call on this Legislature to make the Creating Nevada Jobs Initiative a top priority within the first 30 days of this session, and the governor should sign it so we can quickly put as many as 5,000 Nevadans back to work. It can be done.”

Two of the handful of lawmakers who voted against SB5 last year include Sandoval’s Chief of Staff Heidi Gansert, who was Assembly minority leader at the time, and Sen. Don Gustavson, R-Sparks, who was in the Assembly at the time. Gustavson is a member of the Senate select committee.

Some of the projects the coalition says are ready to build include a new county jail for Churchill County at a cost of $50 million, and flood control improvements on the Muddy River in Clark County at a cost of $40 million to $50 million.

The private sector construction industry in Nevada is not expected to recover anytime soon.

Jeremy Aguero, principal analyst with the Las Vegas firm Applied Analysis, told the panel there won’t be another major hotel-casino project built on the Las Vegas Strip for the next seven to 10 years.

Members of the coalition include the Associated Builders and Contractors, the Builders Association of Northern Nevada, Electrical Workers Local 401, the National Association of Minority Contractors and many others.

Audio clips:

Sen. Majority Leader Steven Horsford is urging the Legislature to pass a job creation package within 30 days:

020911Horsford3 :17 can be done.”

Horsford says the select committee is focusing on the critical issue of jobs:

020911Horsford2 :05 back to work.”

Horsford says the Jobs Coalition plan would build on a successful measure from 2010:

020911Horsford1 :24 hit industry, construction.”

Steve Holloway, executive vice president of the Associated General Contractors of Las Vegas, says the Legislature has the chance to address the underlying economic crisis or go for a short-term fix:

020911Holloway :17 the State address.”

New Senate Judiciary Chairwoman Not An Attorney But Says She Is Up To Challenge

By Sean Whaley | 5:07 pm February 8th, 2011

CARSON CITY – For the past nearly two decades, the Nevada Legislature’s Senate Judiciary Committee has been run by a lawmaker who was also an attorney in private life.

The committee, which hears a variety of bills dealing with civil and criminal law, is seen by many as one of the more important legislative panels and one where some legal expertise is considered to have value.

But the two most recent chairmen of the committee, former Sen. Mark Amodei, R-Carson City, and Sen. Terry Care, D-Las Vegas, both attorneys, were term limited out of the Senate for the 2011 session.

The job now goes to Sen. Valerie Wiener, D-Las Vegas, who is not an attorney but who has served on the Judiciary Committee since 1997. The only attorney on the seven-member committee for this session is freshman Sen. Michael Roberson, R-Las Vegas.

Wiener said her long service on the committee, her three years at law school and the legal knowledge she picked up from her father, an attorney for 55 years in Las Vegas, makes her ready for the challenge in her last term in the Legislature. Wiener will leave after the 2011 session due to term limits.

“This is my eighth session on this committee,” she said. “I love these issues. I’m passionate about equity and people’s rights.”

Wiener said the panel also has Sen. Mike McGinness, R-Fallon, as a long-time member, and two others who served on the Assembly Judiciary Committee before being elected to the Senate last year.

“So we have a lot of history here together,” she said. “There’s not an issue, we predict, that we haven’t had before that we’re not well prepared to handle,” Wiener said.

There is precedent for non-attorneys to chair the Legislature’s judiciary committees, but the last non-attorney to chair the Senate Judiciary Committee was then-state Sen. Dina Titus in 1991.

The Assembly Judiciary Committee was for years run by Bernie Anderson, D-Sparks, another term-limited lawmaker who served as a school teacher in his other life. It is being chaired this session by William Horne, D-Las Vegas, who is an attorney.

The Senate Judiciary Committee got down to work Tuesday at 8 a.m., hearing several bills and getting an overview of the activities of the courts from Supreme Court Chief Justice Michael Douglas.

Ben Graham, a long-time lobbyist at the Legislature who in past sessions represented the Clark County District Attorney’s office, said he has no doubts about Wiener’s ability to run the committee.

“Sen. Wiener has been on the committee for a number of years and has participated in the legal community, and I feel very comfortable with her experience and background and her willingness to research to handle the job,” he said.

Graham, who is now representing the Administrative Office of the Courts, said: “Sen. Wiener has always taken a real interest, and I know, as you can even tell form the questions today, on fairly simple bills, she’s done her research.”

Audio clips:

Senate Judiciary Chairwoman Valerie Wiener says she has always been interested in legal issues:

020811Wiener1 :05 and people’s rights.”

Wiener says the committee is ready to handle any issues that arise:

020811Wiener2 :04 prepared to handle.”

Lobbyist Ben Graham says he has no questions about Wiener’s qualifications for the job:

020811Graham1 :16 handle the job.”

Graham says Wiener does her homework:

020811Graham2 :08 done her research.”