Archive for May, 2011

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Democrats Admit New Taxes Dead For Session, Plan Meeting To Cut Their Proposed Spending Plan

By Sean Whaley | 1:52 pm May 23rd, 2011

CARSON CITY –Democrats in the Nevada Legislature are conceding they cannot raise new taxes this session to restore spending reductions in public education and other programs.

As a result, lawmakers have scheduled a joint Senate-Assembly budget committee Tuesday to “reconsider” their previous actions on adding hundreds of millions in funding to public education, higher education and health and human services programs.

Sen. Sheila Leslie, D-Reno, a member of the Finance Committee, said the purpose of the meeting is to make more cuts in the Democrat-approved budgets that have ended up about $968 million over the $6.1 billion spending plan submitted by Gov. Brian Sandoval.

“Yes, more cuts, more cuts in line with his budget,” Leslie said when asked the purpose of the meeting.

News of the budget meeting to make the cuts was first reported by the Nevada News Bureau.

Democrats in the Legislature have proposed a $1.2 billion tax plan to fund their spending restorations, but so far Republican lawmakers have not been willing to go along with the call to extend a package of sun-setting taxes, impose a tax on some services and establish a new business margin tax.

Sandoval has flatly rejected any proposal for new taxes to balance the budget. He has already vetoed a Democrat-approved public education funding plan passed earlier this month.

Senate Majority Leader Steven Horsford, D-Las Vegas, who also serves as chairman of Senate Finance, was not as blunt about the purpose of the joint meeting: “We’re just going to open up the debate about where we are based on the budget and the revenue and see what type of consensus we can reach.”

But Sen. Ben Kieckhefer, R-Reno, said Republicans have not wavered in their opposition to new taxes, and that Democrats are expected to make further spending cuts at the meeting tomorrow.

“I understand they are going to propose additional cuts, but I don’t know what they are going to be,” said Kieckhefer, a member of the Finance Committee. “I assume that it will either be to Economic Forum levels or to levels of Economic Forum plus sunset (taxes) extension, considering they are well over that. So they would have to pare it back to get to that level. We’ll see.”

There is no agreement with Republicans to extend the taxes approved by the 2009 Legislature that will expire June 30. If the taxes were extended, they would bring in about $626 million in additional revenue over the two years of the budget that will start July 1.

Horsford would not say tax increases sought by Democrats are officially dead for the session.

“We continue to meet with individual members to talk about ways to responsibly fund the budget and address concerns from the other side and I hope we will be able to reach full consensus by the June 6 deadline,” he said.

Horsford said Friday is a “big” deadline for getting the budget approved in time for the constitutionally-mandated adjournment.

“We don’t have to take action tomorrow,” he said.

Audio clips:

Senate Majority Leader Steven Horsford says the meeting is to have a debate to see if a consensus can be reached:

052311Horsford1 :09 we can reach.”

Horsford says talks with individual Republicans continue on the possibility of new revenues:

052311Horsford2 :13 June 6 deadline.”

Sen. Ben Kieckhefer says he expects Democrats to cut their party-line approved budget at the meeting tomorrow:

052311Kieckhefer1 :08 to be, so.”

Kieckhefer says he does not know if the cuts will match Economic Forum revenue projections or the projections plus the sun-setting taxes:

052311Kieckhefer2 :18 level, we’ll see.”

 

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District Court Judge Issues Special House Election Decision, Calls Secretary of State’s Ruling “Unreasonable” and “Absurd”

By Elizabeth Crum | 1:39 pm May 23rd, 2011

In a decision that surprised many — including the Nevada Democratic Party — a district judge last Thursday overruled Secretary of State Ross Miller’s decision to permit any qualified candidate to run in a “free-for-all” in the U.S. House race to fill Dean Heller’s recently vacated seat.

According to Miller’s interpretation of the law, “qualified” would have meant collecting 100 signatures and filing (fee free) for candidacy. However, Judge James Todd Russell last week enjoined Miller from moving ahead with ballot preparation and gave the political parties until June 30 to nominate a candidate.

Russell’s written decision, issued today, called the Nevada statutes “ambiguous” and said the GOP “would suffer irreparable harm” in a free-for-all election. The decision also said Miller relied on “a single sentence” in special election law and produced “an unreasonable and absurd result” which results in “unfair treatment.”

Russell said on Friday he based his decision on the reading of two Nevada statutes that govern special and regular elections. He said they were confusing when taken as a whole and added that the Legislature should clarify the law in order to avoid future conflicts.

The 2003 special election law (passed after 9/11 to address sudden House vacancies) says there should be no primary election, but that candidates must be nominated before filing a declaration of candidacy. However, a separate statute says the major and minor parties’ central or executive committees should nominate candidates whenever a vacancy exists.

In his comments in open court Friday, Russell said the secretary of state was “picking and choosing” portions of the law when he made his decision to allow what Miller called a “ballot royale.” Russell also said it seemed unfair to have different rules for major and minor parties (the secretary of state had said minor parties could nominate only one candidate each).

Democratic attorneys argued that Miller has the authority to set election rules and that he should be given the latitude to interpret statutes.

An appeal by Miller is expected to be filed with the Nevada Supreme Court.

The decision virtually guarantees the GOP will hold the 2nd Congressional District because it prevents a crowded Republican field and subsequent splintered vote, which would have benefitted a strong Democratic candidate (hello, Kate Marshall).

Interestingly enough, Dean Heller, whose empty House seat is now at the center of the controversy, was the Secretary of State when the 2003 legislation was passed. He should have set the rules for a special election but because he never did so, Nevada finds itself headed for a state supreme court hearing.

The GOP central committee meeting and election is currently scheduled for June 18 in Sparks, NV.

Nevada Republican Party Chairman Mark Amodei has yet to step down from his post, though he announced his candidacy and is a contender for the party’s nomination.

State Senator and former U.S. attorney for Nevada Greg Brower is Amodei’s primary competition for the GOP central committee vote. Brower has been active and aggressive in recent days with the launch of his campaign website along with email and social media messages to the Republican base and central committee members.

Several Democrats are expected to compete for the nomination to fill the House vacancy including State Treasurer Kate Marshall, Nancy Price and Jill Derby.

Here is the District Court’s decision, issued Thursday from the bench. It is only 12 pages and is fairly straightforward:

Russell_decision_5.23.11

 

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Republican Congressional Candidates Speak Before Republican Women’s Group

By Andrew Doughman | 6:55 pm May 21st, 2011

CARSON CITY — It’s starting to look at lot like campaign season.

Three Republican candidates for Congressional District 2 tried to sell their candidacies to about 100 members of the Nevada Federation of Republican Women at an event at the Plaza Hotel today.

Many of the women in attendance are members of the state party’s central committee, which will nominate one candidate from a field that includes Nevada Republican Party Chairman Mark Amodei, state Sen. Greg Brower, former U.S. Senate candidate Sharron Angle and former commander of the U.S.S. Cole, Kirk Lippold.

Angle could not attend due to a scheduling conflict, but the other three spoke at the luncheon and touted conservative talking points — no new taxes, small government, fiscal responsibility — while also talking about who they are and what they can do for the congressional district.

Nevada State Republican Party chairman Mark Amodei speaks to the Nevada Federation of Republican Women, the members of which will help select the party's nominee for Congressional District 2.

Following a lower court ruling earlier this week, the Republican and Democratic parties must select a candidate for a September 13 special election. Rep. Dean Heller, R-Nev., vacated the seat after Gov. Brian Sandoval appointed him to replace outgoing Sen. John Ensign, who resigned following mounting pressure from investigations into an extramarital affair.

Secretary of State Ross Miller, a Democrat, is appealing the court’s decision. Miller has argued that Nevada law calls for what he said is a  ”ballot royale,” an election allowing on the ballot numerous candidates from each political party.

In the meantime, candidates are operating under the assumption that their own parties will select one of them. Democrats have already thrown their weight behind Treasurer Kate Marshall.

But in the Republican field, four candidates are vying for the party’s nomination. The party’s central committee members plan to meet June 18 at John Ascuaga’s Nugget in Sparks to select the candidate.

“For these few weeks, those 351 central committee members will be more popular than they ever dreamed of,” Amodei said.

Amodei spoke earlier this morning at the Nevada Truck Driving Championship in Reno, where he spoke from the bed of a truck in blue jeans and an Army windbreaker.

Speaking to about 70 truck drivers, he stressed the trucking industry’s importance to Nevada.

“We get it,” he said.

Later, wearing a suit at the Republican women’s luncheon, he cast the race as a job interview. He said he would be the best person for the central committee to “hire” as their candidate because he has the most experience with the issues of the northern Nevada district.

Amodei served in the state Senate before leaving due to term limits.

“We need an advocate to lead us in CD2,” he said.

Brower spoke to the women’s group next, touting his extensive public service — he is a former Assemblyman and a former U.S. Attorney — and playing to the crowd.

“Women’s groups really are the backbone of this party,” he said.

State Sen. Greg Brower, R-Reno, said he is the best candidate for the job, saying he's "in the trenches down here" at the Legislature everyday.

Brower, who was appointed to replace retiring Sen. Bill Raggio earlier this year, said he has the strongest conservative record.

“If I feel I am the best candidate for the job, I feel compelled to volunteer,” he said.

Lippold spoke last.

He stuck to familiar Republican mantras of personal responsibility and fiscal restraint while also highlighting his record on defense.

Breaking from the views of some Republicans, he said legislators need to scrutinize how money is spent at the Department of Defense.

“The Department of Defense is not working with the same efficiency and effectiveness as they used to,” he said.

During the next month, the candidates will have to convince central committee members that their personal traits, political philosophy and professional style should earn them the nomination.

“I don’t think anybody is going to come to you and say Obamacare is just right,” Amodei said. “We know what’s going on here.”

 

 

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Politicking Legislators Threatened To Delay, Kill Bills On Deadline Day

By Andrew Doughman | 8:34 pm May 20th, 2011

CARSON CITY – In the end, it was Sen. Joe Hardy who saved the day. He also saved one of his pet bills in the process.

The Republican doctor from Boulder City patched up a broken legislative process that threatened to kill bills after ideological disagreements between two Democratic committee leaders had resulted in an impasse.

Today is a deadline day for bills to pass, so if the two Democrats did not reach an agreement, the bills would die.

A dispute between the chairs of the Senate and Assembly Committees on Government Affairs endangered a number of bills dear to the hearts of lawmakers in both houses.

Caught up in the standoff were Hardy’s bill establishing toll roads in Boulder City, a bill revising state contracting in an attempt to mitigate abuse and a bill revising the open meeting law, among others.

“This committee made the boycott,” said Sen. John Lee, D-North Vegas, chairman of the Senate Government Affairs Committee. “I’m determined to see that the rights of the Senate are not abused by the Assembly … We’re not enemies, but it’s not just about me and her now.”

Lee was referring to his Democratic counterpart in the Assembly, Assemblywoman Marilyn Kirkpatrick, D-North Las Vegas.

At this point in the legislative session, bills have swapped houses so Lee’s committee was considering Assembly bills and the fate of Senate bills were in the hands of the Assembly.

This morning, Lee said he was concerned Kirkpatrick would not vote Senate bills out of her Assembly committee.

Kirkpatrick said her committee would vote on bills that are likely to pass.

“I don’t play the hostage game,” she said. “We hear them [the bills] and the committee decides.”

The standoff resulted in a day-long delay before Hardy convened the two lawmakers and struck a deal behind closed doors.

In the meantime, lobbyists from local governments – government affairs committees usually address bills affecting cities and counties – waited to hear the fate of bills they were tracking.

“It’s hectic but with so many people playing politics, I don’t remember it being this bad,” said Carole Vilardo of the Nevada Taxpayer Association.

In the end, Lee heard the Assembly bills and Kirkpatrick passed Hardy’s toll roads bill out of her committee. Before the deal was struck, Hardy had declared that bill dead.

“Joe Hardy put both teams back together,” Lee said. “Joe Hardy saved the day.”

With so much action on a deadline day, legislators are under pressure to ensure their bills pass. Sometimes that means they have personal disagreements with the legislators in whose hands the fate of their bills rests.

It happens every legislative session, said one lobbyist.

“The Legislature is like labor pains,” said Susan Fisher, a lobbyist representing several clients. “We forget and then we come back and do it all over again.”

At the end of the day, several Senate bills did not meet the deadline and the Senate voted down the open meeting law bill.

But the proposal to revise state contracting rules passed.

Hardy praised Lee and Kirkpatrick for negotiating with “grace and aplomb.”

“They are both to be commended for being able to get together after having had feelings that were so tender come to the surface,” he said. “People were depending and counting on us.”

 

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Nevada State Health Division Employees Recognized By U.S. Army For Support Of Troops In Afghanistan

By Sean Whaley | 2:21 pm May 20th, 2011

CARSON CITY – It started out with two individuals sending “care packages” to the troops deployed in Afghanistan but quickly turned into a concerted effort by employees of the Nevada State Health Division to make life a bit brighter for those serving in Operation Enduring Freedom.

Packages were sent with everything from beef jerky to “slightly used” decks of cards and dice from local casinos to the troops based in Kandahar, Afghanistan. One employee contributed hand knitted helmet liners.

In all, over 30 boxes were packed and shipped to two units during the winter and summer of 2010: the Army’s 10th Mountain Division and the Navy’s Naval Mobile Construction Battalion where two children of Health Division employees were serving.

“The collection boxes were filled over and over with interesting items unique to Nevada,” said an email describing the project. “The response from generous Health Division employees was overwhelming.”

Those serving with the two units are now safely home.

This outpouring of support was recognized today as Health Division employees received a framed plaque commemorating their efforts from the U.S. Army’s 2nd Battalion, 22nd Infantry Regiment, 10th Mountain Division.

Health Division Chief Richard Whitley and Ann Wilkinson, representing Gov. Brian Sandoval, stand with the memento presented by the U.S. Army/Photo: Sean Whaley, Nevada News Bureau

“The Nevada State Health Division provided exceptional support and encouragement to the soldiers of Bravo Company throughout their deployment to Afghanistan,” said a letter from the Army to the agency staff.

The gift was unveiled at the agency’s capital offices, one day before Armed Forces Day, with about 75 employees in attendance. The military was represented by Capt. Edward Furlong, the Sierra Nevada Recruitment Company commander for the U.S. Army.

It was received by Health and Human Services Director Mike Willden, Health Division Administrator Richard Whitley and Ann Wilkinson, deputy chief of staff for Gov. Brian Sandoval, who said the governor will be observing Armed Forces Day in Hawthorne.

Willden said the letter of thanks came from the 2nd Battalion, 22nd Infantry Regiment known as the “Triple Deuces.”

“Their motto today is ‘Deeds, Not Words,’ ” Willden said. “And I thought that was kind of the connection to the Health Division. We are proud of our military and we’re proud of the support and the things we do for them, but it’s really about deeds, not words.”

Furlong said the Health Division employees clearly made an impact with the packages, because typically a letter of appreciation is sent out for such efforts.

Plaque presented to Nevada State Health Division employees.

“But not normally something this personal and something this big,” he said. “You guys really made an impact on some service members over there.”

 

 

 

 

 

Audio clips:

Health and Human Services Chief Mike Willden says Health Division employees embody the “Triple Deuces” motto:

052011Willden :17 deeds not words.”

Capt. Edward Furlong says Health Division employees made a real impact with their packages:

052011Furlong :22 members over there.”

 

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Republicans Release Redistricting Data, Lay Out Terms For Two-Party Negotiations

By Andrew Doughman | 12:45 pm May 20th, 2011

CARSON CITY — Republicans today announced they have released to the public a set of complicated data about their redistricting proposal.

Democrats had said earlier the release of the data is a requirement before the two parties can begin to work toward a compromise.

The release of the data brightens an otherwise gloomy portrait of partisanship. Republicans and Democrats have so far elected not to negotiate terms in the redistricting battle.

When Democrats learned of the release, they issued a statement saying they will freeze their bill, now before the Senate, so that Republicans and Democrats can compare their plans and look for “common ground.”

“We welcome this opportunity to finally compare these two proposals and look forward to quickly investigating the potential for compromise with our friends on the other side of the aisle,” Democrats said in a statement.

Republicans seemed to have answered the call of Senate Majority Leader Steven Horsford, D-Las Vegas, who asked Republicans to release their data.

“We had constituents calling us, so we thought we’d be open and transparent,” said Senate Minority Leader Mike McGinness, R-Fallon. “The product wasn’t really ours. It was produced by folks who are working on redistricting for us and they wanted to make sure everything was correct [before releasing data].”

The data question had stalled any talk of compromise between Republicans and Democrats, who every 10 years must create revised boundaries for seats for Congress and the state Assembly and Senate according to the most recent U.S. Census data.

Republicans responded to the Democratic call for compromise, saying they are “willing to negotiate.” They did, however, lay out terms for negotiation.

Senate Republicans released a statement this afternoon in which they said they “insist” on pre-conditions for negotiation.

They want a fixed number of majority-minority Hispanics: one in  Congress, four in the state Senate and eight in the state Assembly. That quota is identical to what Republicans originally called for in their proposal.

They also called for eight competitive state Senate and eight competitive state Assembly districts.

“We believe the Voting Rights Act requires fair representation of Hispanics in the U.S. Congress, Nevada State Senate and Nevada Assembly,” said Sen. Barbara Cegavske, R-Las Vegas. “We also believe that no political party should have a monopoly on power.”

Democrats later rejected the premise for establishing terms of negotiation prior to meeting with Republicans.

“We stand ready, without preconditions, to meet and discuss a way forward,” legislative Democrats said in a statement released this afternoon.

Gov. Brian Sandoval has already vetoed the previous Democratic redistricting plan, saying it treated Nevada’s Hispanic population unfairly and did not comply with the federal Voting Rights Act.

The new plan is a second attempt for Nevada’s Democratic-controlled Legislature and Republican governor to reach a compromise over appropriate political boundaries. If they cannot agree, the political tug-o-war could be resolved by a judge.

The gridlock continued yesterday as Democrats elected to hear their second redistricting proposal but declined to hear the Republican proposal since the Republican data had yet to be released. Instead, Democrats voted on their own proposal.

Republicans had said they objected to the way Democrats were moving Democratic bills without hearing a Republican proposal.

But Democrats had said they wanted an “open and transparent” process from Republicans.

The data would allow Democrats and members of the public to examine the exact boundaries of districts proposed in the Republican bill.

Although Republicans provided a bill, the 194-page document contains arcane references to Census block tracts, which are nearly impossible for people to visualize.

The Legislature’s information-technology staff has had the complex data, but Republicans had not authorized them to release it until today.

 

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Democrats Refuse To Hear Republican Redistricting Proposal After Tiff

By Andrew Doughman | 8:50 pm May 19th, 2011

CARSON CITY – After Republican legislators declined to reveal exact data for their redistricting proposal, Democrats refused to give the bill a hearing today.

Then, Democratic legislators voted over Republican objections to pass their own redistricting proposal to a vote on the Senate floor.

Gov. Brian Sandoval vetoed the previous Democratic redistricting plan, which proposed revised boundaries for Congressional districts, as well as state Assembly and Senate districts, as required by the 2010 Census.

The new plan is a second attempt for Nevada’s Democratic-controlled Legislature and Republican governor to reach a compromise over appropriate political boundaries. If they cannot agree, the political tug-o-war could be resolved by a judge.

Republicans  contended that Democrats were trying to blitz through hearings and pass their bill without making an effort to compromise.

“If we knew that there was going to be some meaningful working together on these maps and this other one wasn’t going to be pushed out like the last one was, we would be more than happy to,” said Sen. Barbara Cegavske, R-Las Vegas.

The statement, however, contradicted what Senate Minority Leader Mike McGinness, R-Fallon, told the Las Vegas Sun.

“I’m going to call our guy now and see if we can’t get it released,” he said of the data in a Las Vegas Sun story published last week. “The public needs to be able to compare the maps.”

Yesterday, Assembly Minority Leader Pete Goicoechea, R-Eureka, told the Las Vegas Review Journal that he would discuss releasing the data with GOP attorneys, but he first wanted a hearing on the Republican bill.

Democrats, who control the Legislature’s committees because they are the majority party, first scheduled a hearing for the Republican proposal, but decided not to hear it after Republicans did not release their data.

“We can’t have an open and honest conversation about these maps while the data is being withheld from the public,” said Senate Majority Leader Steven Horsford, D-Las Vegas. “I would move that we move on and not hear the bill as scheduled. There can be no discussion or deliberation without the information provided to the public.”

Although Republicans provided a bill, the 194-page document contains arcane references to Census block tracts, which are nearly impossible for people to visualize.

Cegavske said Republicans have provided maps for people to examine, but Sen. David Parks, D-Las Vegas, contended that the exact data used to construct the maps have not been made public, therefore making the maps impossible to analyze or evaluate.

The Legislature’s information-technology staff has the complex data, but has not been authorized to release it.

“I am happy to come to the table to compromise, but that’s impossible when the other side is not releasing all the data to the public so this can be a fair open and transparent process,” Horsford said.

Cegavske countered that Republicans want an open process.

“It is supposed to be fair and open and that’s all we have ever asked for,” she said.

She said that Democrats had “fast-tracked” Democratic proposals through the Senate and Assembly, which gave no time for true compromise.

After the hearing, Cegavske said nobody but the Democratic Party has requested the data. Holding the 194-page Republican bill, she said the data Democrats want is in her hand.

“All you have to do is work this backwards,” she said. “It’s all here … they can do it in a heartbeat.”

She said it was a “mistake” for Democrats to have released the Democratic data in the first place.

Sen. James Settelmeyer, R-Gardnerville, who was standing nearby, said Democrats “want us to do their homework.”

During the evening hearing in the Senate Legislative Operations and Elections Committee, legislators spent little time debating the actual merits or faults of any redistricting proposal.

Legislators briefly discussed the federal Voting Rights Act, with Cegavske asking if the Democratic proposal complies with the federal law and Democrats asserting that it does.

Legislators were chided during opportunity for public comment.

“The ACLU is certainly disappointed in political posturing on both sides of the aisle,” said Rebecca Gasca of the American Civil Liberties Union of Nevada. “We think that the Legislature is doing a disservice to constituents in this state.”

 

 

 

 

 

 

 

 

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Major Campaign Finance Reform Bill Clears Senate Committee Hurdle

By Sean Whaley | 8:28 pm May 19th, 2011

CARSON CITY – CARSON CITY – A bill seeking major reforms to Nevada’s campaign finance laws won approval from a Senate panel today after controversial provisions requiring a two-year cooling off period from lobbying by former public officials were stripped from the measure.

Assembly Bill 452 was approved by the Senate Legislative Operations and Elections Committee with Sen. James Settelmeyer, R-Gardnerville, voting no.

The bill will now go to the full Senate for a vote. The bill has already been passed by the Assembly. If approved by the full Senate, the different versions of the bill will have to be reconciled between the two houses before it could go to Gov. Brian Sandoval for his review.

Sandoval has said he supports the idea of electronic filing of campaign reports.

The vote by the committee came one day before a deadline for action on most bills.

The bill sought by Secretary of State Ross Miller would require on-line filing of campaign contribution and expense reports by most candidates and require earlier reporting of the information so voters could review the data before casting their ballots.

Reports would be filed four days before early voting and would be updated to reflect any additional contributions and expenses four days prior to the primary and general elections.

It would also make the Secretary of State’s office the central repository for the campaign reports for all elections, as well as for financial disclosure statements required of candidates and elected officials. These reports would also be filed electronically.

The information would be maintained in a searchable database so the public could review the reports in a simple and comprehensive way.

In testimony before the panel earlier this session, Miller said: “A big part of the transparency we want to provide is letting voters know who is funding the campaigns. The reasons of course are obvious, and the need is equally obvious, even to those outside of Nevada.”

Miller said Nevada consistently receives an “F” grade from the Campaign Disclosure Project by the UCLA School of Law for the state’s campaign finance disclosure laws because of the lack of transparency.

Miller tried to get similar legislation through the 2009 session but a final version of the bill was not approved as time ran out.

The cooling off provisions in the bill, which would have prohibited a former lawmaker from lobbying the Legislature for pay for two years, were removed after concerns were expressed by Crystal Jackson, executive director of the Public Utilities Commission. The proposed cooling off provisions applied to PUC commissioners and others public officers as well.

Jackson said extending the current one-year cooling off period for the PUC to two years could make it difficult to recruit key staff.

Assemblyman Tick Segerblom, D-Las Vegas, chairman of the Assembly Legislative Operations and Elections Committee, told the Senate panel that his committee could accept the removal of the cooling off provisions. There are so many other important provisions in the bill that the cooling off sections should not hold the measure up, he said.

The provisions, which were not sought by Miller, had already proved an issue for some lawmakers, including Assemblyman Horne, D-Las Vegas, an attorney, who objected to them in Assembly hearings, saying he would be prohibited from representing a client in the Legislature if he left office.

“I have a fundamental disagreement with some of my colleagues that you should prohibit someone from doing what they’re gainfully employed to do,” Horne said.

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Bill Curtailing “Puppy Mills” Gains Committee Approval

By Andrew Doughman | 5:40 pm May 19th, 2011

CARSON CITY – A bill curtailing the use of “puppy mills” passed out of committee today, leaving it one Assembly floor vote away from reaching the governor’s desk.

After amendments, Senate Bill 299 would allow local governments to require dog and cat breeders to obtain a permit. The breeder’s workplace would also be open for inspection, and breeders would be required not to breed female dogs younger than 18 months or more than once per year.

In past hearings, the bill had received much public interest. In the Senate, the bill passed in a 16 to 5 vote.

“I got more emails on [Senate Bill] 299 then I think I’ve gotten on taxation and I think the budgets,” said Assemblyman Kelly Kite, R-Minden.

An amendment from Assemblywoman Maggie Carlton, D-Las Vegas, ensured that the bill’s numerous requirements do not apply to anyone who breeds cats or dogs as a hobby.

“”The legislative intent is not to restrict the good quality breeders who I know are out there,” Kite said. “I’ve been hunting since I was 10 years old and you need those kind of breeders to get those dogs out there. This, as I see it, is for the bad puppy mills.”

In an attempt to curb abusive practices, the bill would also require commercial breeders to insert a tracking microchip into their dogs and cats as well as vaccinate all of their animals for rabies.

Other sections of the bill establish requirements for the cleanliness, temperature, safety and size of areas where commercial breeders keep animals.

Kite did not like some of the restrictions, saying they were “over-protective.”

He did, however, vote for the bill.

“If we get rid of the abusive, nasty, horrible puppy mills … I will go along with it reluctantly,” Kite said.

Assemblywoman Irene Bustamante-Adams, D- Las Vegas, also said she had some reservations about the bill, especially the section requiring breeders to insert microchips into their animals.

But she also supported the bill.

“There’s a saying in this building: We don’t let perfect be the enemy of the good,” Carlton said to Kite and Bustamante-Adams, who are both freshmen legislators.

 

 

 

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Democrats Identify “Key” Republicans Who Might Vote For Taxes

By Andrew Doughman | 5:06 pm May 19th, 2011

CARSON CITY – The Nevada State Democratic Party today called for Nevadans to press nine GOP “key legislators” to vote for new taxes.

Democrats are urging Nevadans to email these nine Republican legislators, saying that “grassroots action will turn the tide, but it will only happen if you participate.”

The list included four Senators and five Assemblymen. To override a veto from Gov. Brian Sandoval, who has said numerous times he will veto any new tax, three Republican Senators and two Republican Assembly members would have to join all Democratic legislators in voting for a tax.

“We think it’s important that these folks hear from their constituents, not just fellow legislators and lobbyists,” said Speaker John Oceguera, D-Las Vegas.

Many Republicans on the list have already been identified by advocacy groups and political commentators.

Representatives from the governor’s office were quick to condemn the letter.

“This letter is nothing more than a letter of desperation,” said Dale Erquiaga, senior adviser to Sandoval. “It’s clear the Democratic majority do not have the votes to pass a tax increase.”

Republicans in the Assembly earlier released a list of reforms that they hope Democrats will pass. Only after the reforms pass will they consider voting for extending $626 million in taxes passed during 2009 that are due to expire June 30. Those sunsetting taxes are part of a $1.2 billion Democratic tax plan that includes a new tax on services and a new business “margin” tax.

In the message today, Democrats say theirs is a “balanced approach” that restores harmful budget cuts to education and social services while also giving the state a more stable tax base.

For Republicans, the approach is more about reforms they can convince Democrats to pass.

“My attitude from the get go was: they give us substantial reforms, we give them sunsets,” said Assemblyman Ira Hansen, R-Sparks. “They’re not new taxes … That’s our negotiating point.”

Lobbyists in the legislative building also called the Democrats’ move “desperate,” speculating that if Democrats had the votes they needed, they would keep mum about who those legislators were.

Democrats, however, say budget negotiations about government reforms and taxes are proceeding.

“Conversations with legislative Republicans are productive and ongoing,” Oceguera said.

But Hansen and other Republicans have said the reforms proposed so far are not enough.

“I don’t think there’s any chance they’ll [the reforms] meet anyone’s price,” said Sen. Ben Kieckhefer, R-Reno, who earlier said on the political television program “Face To Face” that all lawmakers have a price for voting for raising taxes.

Both Hansen and Kieckhefer are on the Democrats’ list.

That did not surprise Kieckhefer.

“People have considered me a swing vote on taxes since the day I announced my candidacy for office,” Kieckhefer said.

Another Republican on the list, Sen. Joe Hardy, R-Boulder City, said he is already receiving emails about taxes and the budget.

“I don’t mind hearing from people,” he said. “That doesn’t bother me.”

The full list and letter are here.

 

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Victims Of Sex Trafficking Get Legal Protections Under New Nevada Law

By Sean Whaley | 1:27 pm May 19th, 2011

CARSON CITY – A bill allowing victims of sex trafficking to clear their criminal records of prostitution-related crimes in order to get a fresh start in life was signed into law today by Gov. Brian Sandoval.

Assembly Bill 6 is the most recent effort by Assemblyman John Hambrick, R-Las Vegas, to combat the illegal sex trade in Nevada that frequently involves underage children.

“I am humbled by the support shown for the victims of sex trafficking,” Hambrick said. “It is a serious problem for our community and our country, and I’m proud that we have taken a step to help the victims who were not only forced into the sex trade but had to bear the burden of being convicted of prostitution.”

Assemblyman John Hambrick holds a copy of AB6 with Gov. Brian Sandoval's signature. The bill was signed today./Photo: Sean Whaley, Nevada News Bureau

The bill, which will take effect Oct. 1, received unanimous approval in both the Assembly and Senate.

“It was hard work,” Hambrick said. “We had a lot of people within the community, particularly in the south, a large spectrum from the faith communities, the Jewish Federation, the Religious Alliance in Nevada, the two Catholic bishops, the Episcopal bishop, they all worked hard. I’m just very pleased it got through the way it did.”

Efforts will continue to combat this problem, he said.

“We have to continue this journey,” Hambrick said. “We started this last session going after the traffickers, this one is relief for the victims. The journey is not over with yet. Next session there will be additional bills coming forward.”

According to Nevada law, it is a crime for anyone to engage in prostitution outside of a licensed Nevada brothel; however, AB6 will give Nevada courts the ability to vacate a judgment if the person was a victim of sex trafficking or involuntary servitude.

“The victims of sex trafficking are often recruited as children, and this legislation can give them a fresh start without the conviction for prostitution, something completely beyond their control,” Hambrick said.

The bill is a continuation of Hambrick’s successful efforts in the 2009 legislative session to combat human trafficking. He won unanimous support for a bill in 2009 providing for civil penalties of up to $500,000 against those convicted of human trafficking of minor children. Funds collected under the law can be used to provide care to those minors exploited for sexual purposes.

Las Vegas was identified in 2009 by the FBI as one of 14 cities around the country with high rates of child prostitution.

Audio clips:

Assemblyman John Hambrick said the bill was passed with the help of many people, including those in the faith community:

051911Hambrick1 :19 way it did.”

Hambrick says his efforts to stop human trafficking will continue:

051911Hambrick2 :11 bills coming forward.”

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Host Of Renewable Energy Bills Could Mean Higher Utility Bills For Nevadans

By Andrew Doughman | 1:13 pm May 19th, 2011

CARSON CITY – The argument goes like this: every Nevadan would only pay 50 cents per person for a great renewable energy program.

Energy lobbyist Ted Ko even held up two shiny quarters during a legislative hearing to make the point.

But legislators are considering more than a dozen renewable energy bills this session,  and some lawmakers fear that a few dollars here and there will add up to significantly higher utility bills for their constituents if all of these bills pass.

“Pretty soon that 50 cents is $5 because there’s a lot going on … By the end of today’s discussion, we are going to have seven or eight bills that are ‘just 50 cents each,’ so it adds up,” said Assemblyman Kelvin Atkinson, D-North Las Vegas, at a legislative hearing last week.

Assemblywoman Marilyn Kirkpatrick, also a Democrat from North Las Vegas, said many of her constituents live in older, larger homes and pay more than average for energy. Ko used 50 cents because it represents 0.5 percent of an “average” utility bill, the rate that people would pay under Senate Bill 184.

Kirkpatrick said her constituents could pay much more.

“I don’t think I’ve ever seen a $100 bill in my life. … It’s not 50 cents to my constituents,” she said at a hearing last week.

Other bills being considered at the Legislature would raise subsidies for solar and wind and start a new subsidy for the purchase of electric-powered vehicles. Anybody receiving energy through a utility company would pay for these.

That is in addition to a 2009 program providing hundreds of millions of dollars in renewable energy subsidies to be paid out over several years.

And Nevadans already pay more than the national average for their energy, says Dan Jacobsen of the Nevada Bureau of Consumer Protection.

At the same time, Gov. Brian Sandoval and legislative leaders regularly tout the prospects for the renewable energy sector in Nevada.

Sandoval recently said he wants Nevada to be “the renewable energy capital of the world.”

Providing subsidies and government programs to attract investment in renewable energy could have many benefits for Nevada.

Renewable-energy factories in Nevada could provide high-paying manufacturing jobs and boost property tax revenues for local governments.

The renewable energy sector could also bolster Nevada’s ailing construction industry and provide jobs.

Lobbyists for renewable energy companies say that the long-term economic gain outweighs the cost of incentives that ratepayers subsidize.

“We definitely want to avoid a situation that would impact ratepayers to their detriment,” said Rose McKinney-James, a lobbyist for the Solar Alliance.

She said it would be dangerous to imperil the young renewable-energy industry by “pulling the rug out” rather than slowly weening the industry off subsidies.

“The challenge is this: how fast do you go and how much do you ask the base ratepayer to subsidize this?” Jacobson asked.

Ratepayers could see about a 2 percent increase on their utility bills if these bills pass, Jacobsen said, describing the impact of each bill during an interview last week.

NV Energy is already seeking a 5 percent increase for Southern Nevada customers and a 3 percent increase for Northern Nevada customers for “lost sales compensation” as customers have conserved more energy.

The utility company expects the Public Utilities Commission of Nevada to deliver a ruling on the proposed rate increase sometime next week.

In the meantime, legislators plan to whittle down the number of bills they are considering. They could carve up the bills and strike a compromise before the Legislature hits its looming deadline for passing bills.

“We definitely can’t do them all,” Atkinson said of all the bills.

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Pick Your Pony: Final Las Vegas Mayoral Debate Behind Us As Early Voting Approaches

By Elizabeth Crum | 8:48 am May 19th, 2011

If you missed the Las Vegas mayoral debate between Carolyn Goodman and Chris Giunchigliani on “Face to Face” last night, be sure to watch it here. You can also read Delen Goldberg’s sum-up in the Sun here.

Crib notes:

– Ralston introduced the debate by saying, “It’s been an ugly battle with loyalties tested and torn…”

– Just this week, Larry Brown endorsed his former opponent and co-Commissioner, while Las Vegas City Councilman Steve Ross, who went negative on the Goodmans when he was running for mayor himself, has backed Goodman. The two (or less) degrees of separation between political players and donors in Las Vegas means many other relationships have been tested as well.

– Goodman kicked off with a little defense-as-offense by interrupting Ralston’s introduction to say about her appearance, “It’s a thrill. Number 18 for me…of debates.” Goodman has been criticized (in Giunchigliani’s latest ad and again last night) for ducking debates, i.e. participating in various “forums” but agreeing to only 90 minutes of direct debate time over the course of the campaign. Giunchigliani said Goodman ought to be willing to take tough questions (an issue on which Goodman’s latest ad strikes back).

– Ralston played those two most recent campaign ads in which the ladies go after one another. Goodman defended her negative ad by saying Giunchigliani went negative first (true) and that she was not going to be “caught shy.”

– Giunchigliani’s ad (which is pretty funny no matter who you support) addresses Goodman’s lack of experience. Among other punches thrown during the face-off, Giunchigliani said, “Running one elite private school does not create the opportunity to be able to walk in on Day One to the mayor’s office and be able to take over that job.”

– Goodman’s counter-attack ad addresses Giunchigliani’s temperament and refers to a meeting at UMC during which the Commissioner dropped an F-bomb when interrupted by a nurse. The ad shows footage of Giunchigliani getting testy when asked about the incident, provides a quote by UMC adviser (and Channel 3 executive) Jim Rogers saying Giunchigliani’s behavior would have “a chilling effect on business” and wraps by saying, “To be effective, the mayor must be a consensus builder. That’s not Chris Giunchigliani.” The Commissioner said during last night’s debate that she did not curse at the nurse directly, adding that it was one mistake in a long, successful history.

– Goodman was the first to turn and address her opponent directly. Typically, the candidate who does this first in a debate scores points because it puts the respondent on the defensive (and in politics, if you’re defending/explaining, you’re losing). The tactic can backfire, though, if the aggressor is, well, too aggressive. Judge for yourself.

– Goodman checked her watch at least once. (After reading that Goodman checked her watch numerous times during a recent forum, I had meant to count how many times she did it — but I got so engrossed in the dialogue that I forgot to do so.)

Early voting begins Saturday.

 

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Bill To Generate Money For Public Education, Create Jobs, Raises Legal Concerns

By Sean Whaley | 5:20 pm May 18th, 2011

CARSON CITY – A bill authorizing the state Treasurer to use up to $50 million in education funds to support economic diversification efforts and generate more money for public schools passed the Senate today despite questions about the constitutionality of the measure.

Senate Bill 75, amended twice before the vote, passed 12-9 with 10 Democrats and two Republicans in support. It will now be considered by the Assembly.

The bill is being sought by state Treasurer Kate Marshall.

It would create a first-for-the-state private equity fund to allow for investment in both existing Nevada companies and companies seeking to locate to the state that are in such industries as cyber security, alternative energy and health care.

The intent is to assist in diversifying Nevada’s economy while generating a better return on the invested monies from the state’s Permanent School Fund.

A big hurdle for the measure is the state constitutional prohibition on loaning state money to any company except a corporation formed for educational or charitable purposes. Supporters of the bill have a judicial determination that the proposed investments would be constitutional. Some Republican lawmakers say the determination is insufficient to satisfy their concerns.

The bill also has some political overtones. Marshall is a Democrat who has announced her intention to run for the open Congressional District 2 seat in the September special election. State Sen. Greg Brower, who voted against the measure today, is a Republican who has also announced his intention to seek the seat.

The constitutional question proved troubling for some lawmakers during a debate before today’s vote.

Sen. Michael Roberson, R-Las Vegas, said he wanted to see either an attorney general’s opinion or one from the legal counsel of the Legislature answering the constitutional question before he could support the measure.

“It’s one thing to ask a judge to sign an order,” said Roberson, an attorney. “It’s another thing to have the imprimatur of the attorney general’s office saying yes, we believe as a matter of law, this is our opinion, that it is constitutional.”

Brower, R-Reno, also an attorney, had similar concerns.

“I sat on the committee that heard this bill and was impressed by some of the ideas brought forward that were behind this bill, and considered it with great interest in terms of it being, as you might call it, an outside-the-box approach to this issue,” he said.

But, Brower said: “We haven’t been able to get a good, clean bill of health on this bill in terms of its constitutionality.”

Until the issue is clarified, the Legislature should not pass a bill that may not be constitutional, he said.

Sen. Ben Kieckhefer, R-Reno, said waiting for the Nevada Supreme Court to rule on whether each bill passed by the Legislature is constitutional would unduly hamper the legislative process. He said he would rely on the district court determination.

Sen. Joe Hardy, R-Boulder City, said the bill has the potential to help create desperately needed jobs in Nevada. There is time while the bill is being considered in the Assembly to resolve the constitutional question, he said.

The bill had already been amended by Sen. Barbara Cegavske, R-Las Vegas, who successfully put the authority of the investment process in the hands of the Commission on Economic Development. Even so, Cegavske said her concerns with the overall bill, including the constitutionality question, caused her to vote against the measure.

Kieckhefer and Hardy voted for the bill. Sen. John Lee, D-North Las Vegas, was the only Democrat opposing the measure.

The bill as originally introduced would create a nonprofit public entity, the Nevada Capital Investment Corporation, to be headed by a board that includes members appointed by the governor and legislative leadership based on their investment expertise. The state treasurer, whose duties include the investment of state money, would also be a member.

The NCIC would hire professional private equity fund managers that would seek to partner with capital investment firms to invest in select companies and innovative start-up businesses that would assist in the state’s efforts to grow and diversify its economic base, leading to increased employment.

Steve George, chief of staff to Marshall, said the office remains supportive of the intent of the bill. But he suggested the Cegavske amendment, by changing the focus of the bill from improving the investment return for public school funds to one solely looking at economic development, could actually make it unconstitutional.

The primary focus originally was to get a better rate of return on the Permanent School Fund, a trust fund made up of federal funds provided to the state for decades from such sources as the sale of federal lands and court fees, George said. It is a trust fund that can’t be spent, only invested.

Eleven other states, excluding Nevada and Colorado, can invest their funds in more diverse ways, George said. Nevada has earned 4 percent on its investments over the past five years with the current limitation, while three other states have earned in excess of 5 percent, according to information provided by the Treasurer’s Office to Gov. Brian Sandoval. Oklahoma has earned 6.22 percent over the past five years.

“With no focus on return, we don’t think it will pass the constitutional requirement,” George said.

Audio clips:

Sen. Michael Roberson says his constitutional concerns with the bill remain unanswered:

051811Roberson :12 that it’s constitutional.”

Sen. Greg Brower says he has the same concerns despite the outside-the-box thinking in the bill:

051811Brower :17 to this issue.”

Sen. Ben Kieckhefer says he will rely on the opinion of the district court:

051811Kieckhefer :23 on his opinion.”

 

 

 

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Higher Education Budget Could Be Cut Further Under Legislative Proposal

By Andrew Doughman | 3:40 pm May 18th, 2011

CARSON CITY – The budget situation for Nevada’s universities and colleges may have worsened today as legislators voted to both cut and restore funding for higher education.

Democratic legislators first voted to restore $100 million to the higher education budget, but Democrats also continued to oppose a shift of Washoe and Clark County property tax money from county governments to the University of Nevada, Reno and the University of Nevada, Las Vegas.

That property tax shift represents $120 million that the universities were counting on in the governor’s recommended general fund budget.

Assemblywoman Debbie Smith, D-Sparks, said legislators fully intend to replace that money with general fund dollars.

But Senate Majority Leader Steven Horsford, D-Las Vegas, was not so sure.

“That decision has not been finalized,” he said.

Horsford said backfilling that $120 million hole is “one of the options” the Legislature may consider.

If the Legislature does nothing, Nevada’s higher education world may be worse off than it was under Gov. Brian Sandoval’s recommended general fund budget.

“If they don’t replace the property tax money they took out, we’re in very bad shape,” said Jim Richardson, a lobbyist for the Nevada Faculty Alliance.

Richardson said he had thought the Legislature would either apply the property tax shift to all 17 counties or use general fund dollars instead.

Legislature Votes To Reduce Tuition Increase By 13 Percent

Students, however, might feel a little better after legislators on two money committees voted today to support a 13 percent tuition increase spread over the next two years rather than a 26 percent increase, as was proposed earlier.

That would mean the universities would have to find more money because many colleges and universities assumed a 26 percent increase.

“That money has to be cut from somewhere and it would appear that means program cuts and layoffs,” said professor Gregory Brown of the UNLV Faculty Alliance.

The 13 percent tuition increase would bring Nevada’s colleges and universities about $42.4 million during the next two years.

The problem is, higher education administrators were counting on the $120 million worth of property tax diversions in addition to revenues collected through tuition.

The votes, however, all hinge on the Legislature passing new taxes or extending current ones, which are scheduled to sunset June 30. If that does not happen, legislators would have to re-examine these actions.

“We closed the budget, but the funding has not been identified so you can’t get too excited yet,” Smith said. “All you can count on is what we did today, and that’s contingent on us finding the revenue …It’s a budget in motion.”

Sandoval has recommended a two-year, higher-education budget that was $254 million less than the amount of money the Legislature approved during the 2010 special session.

That would be reduced to a $112 million cut if the Board of Regents approves the tuition increases and the Legislature finds $100 million to give to colleges and universities. The Legislature would also have to find $120 million to replace the funding that would have gone to higher education through the local property tax diversion.

Before today, legislators had anticipated following Klaich’s four-point plan, which would have called for $80 million in new revenue and a 26 percent tuition increase.

Students had testified before a legislative committee about keeping tuition low before legislators voted to recommend a 13 percent increase to the Board of Regents, which makes the final call on student fees.

Republicans largely objected to the $100 million in new revenue.

“I don’t know where we’re going to get the money to pay for this,” said Assemblyman Randy Kirner, R-Reno. “I just think we don’t have the money. At this point in the game, this is kind of where I have to stand.”

At this point in the legislative game, legislators are debating taxes.  Sandoval included spending $6.1 billion in his 2011-2013 general fund budget. Democrats want to spend about $7 billion, with $626 million coming from extending taxes set to expire June 30 and the rest from new taxes on business and services like haircuts, attorneys and brothels.

“Bottom line is: there are taxes being paid that if continued would cover this [$100 million],” said Horsford.

Legislative committees also earlier supported a 4.8 percent salary cut to university employees, adding between $7.5 and $10 million in extra spending because the governor recommended a 5 percent cut.

“The reality is, the work is not done because we still need to get folks to pay for it,” Horsford said.

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