Budget Deal Announced Today Includes Extension Of Taxes, Major Reforms

CARSON CITY – Gov. Brian Sandoval and legislative leaders from both parties announced a budget agreement today that will see tax extensions and restorations of funding to public and higher education in exchange for significant policy reforms in education and collective bargaining.

The agreement came on the 115th day of the session, and virtually guarantees that lawmakers will adjourn the 2011 session by Monday as the constitution requires.

“Nevadans deserve leadership, stability and consensus, and I believe this budget and reform package provide all three,” Sandoval said at a press briefing attended by numerous lawmakers, lobbyists and other interested parties.

Assembly Speaker John Oceguera, D-Las Vegas, called the agreement fiscally responsible and a true compromise that “protects the most essential funding for our schools, our community colleges and universities, and services for our most vulnerable.”

Pete Goicoechea, R-Eureka, head of the Assembly GOP caucus, said the deal is the best that could be achieved among the two houses and parties.

“None of us got everything we wanted,” he said. “But the bottom line is we hung together.”

Faced with a recent Nevada Supreme Court decision that threw his budget into turmoil, Sandoval reluctantly agreed to extend higher business taxes on the state’s largest employers for two more years to bring in nearly $300 million. The budget deal also includes a reduction in tax exemptions for the mining industry that will bring in another $24 million to the state general fund.

In all, the two-year state budget that begins July 1 totals $6.24 billion. This does not include another $265 million in other revenue that will go directly to the state’s public schools system bringing total spending to about $6.5 billion.

Sandoval decided to agree to extend sun-setting taxes because of the court ruling issued last week over the decision by the Legislature in 2010 to sweep a$62 million local government water fund. The court said it was impermissible. While opinions on the effect of the ruling differed, ultimately $481 million in anticipated revenue was eliminated from Sandoval’s proposed budget. The ruling forced lawmakers and Sandoval into intense budget negotiations.

Until Sandoval opted to relent on the tax issue, Republicans had held firm with him opposing new revenues to increase funding to public education, higher education and health and human services programs.

In exchange for extending the sun-setting taxes, Sandoval and Republican lawmakers won a number of reforms, including the elimination of teacher tenure and ending the seniority system used in the public schools for layoffs.

“These reforms do not hurt good teachers,” said Senate Majority Leader Steven Horsford, D-Las Vegas. “If you are a good teacher, you have a job.”

The reforms also include the complete elimination of the modified business tax for 70 percent of the state’s smallest employers. This group currently pays a 0.5 percent rate based on payroll.

Other reforms include the elimination of health care benefits upon retirement for new state hires. The state currently subsidizes health insurance for retirees. The change effective Jan. 1, 2012 will save an estimated $275 million over the next 30 years.

There are also reforms to the state’s collective bargaining law, including a provision allowing agreements to be reopened in cases of fiscal emergency and eliminating bargaining for supervisory public employees. There will also be a study on how to deal with the $10 billion unfunded liability of the Public Employees’ Retirement System.

The governor will also get to appoint the superintendent of public instruction.

One area that remains an issue is construction defect reform.

Assemblyman Pat Hickey, R-Reno, said Assembly Bill 401, proposed by Oceguera, is not real reform. The construction industry is expected to oppose the measure, he said.

“It does absolutely nothing,” Hickey said.

Sen. Sheila Leslie, D-Reno, said the budget bills implementing the spending plan should be introduced tomorrow. A final joint money committee hearing set for later today will put the few final minor finishing touches on the budget, she said.

But even with the increased funding, Leslie said the 2011-13 spending plan is not one she is proud of, or believes adequately funds important social and education programs.

“We’re eliminating programs like a senior outreach program,” she said. “We have the highest suicide rate for seniors in the country, and we eliminated the one outreach program for senior mental health that we have.”

It does eliminate the unacceptable securitization of the insurance premium tax proposed by Sandoval as a way to generate $190 million in additional funds for the budget, Leslie said. It also eliminates the use of the school bond reserve funds.

One bit of bad news for Nevada’s economic future was mentioned in passing in the budget compromise. Nevada’s forecast for revenue from unclaimed property was revised downward by nearly $34 million. The reason is the relocation of a division of Citibank now located in Southern Nevada.

The state’s unclaimed property fund has benefited from the Citibank presence because money belonging to the company’s customers from around the world ends up here when the owners cannot be identified. The company turned over $36 million in unclaimed property this year. With the relocation, this revenue will no longer flow to Nevada.

Reaction to the budget and reform deal varied.

Assemblyman Crescent Hardy, R-Mesquite, said: “I think neither one of us ended up real happy with the situation. I think we’re both pleased we have come to a consensus. They didn’t get their $1.2 billion tax package; we’re really happy about that.

“We had five reforms we wanted. We didn’t get all of them,” he said.

Assemblyman John Hambrick, R-Las Vegas, said: “The Republican Assembly caucus had certain goals and priorities in mind and we stuck to them, but unfortunately through no fault of the governor he was handed a devastating blow by the Supreme Court’s ruling and he had to pick up the pieces.

“I had personally hoped for a little more depth in construction defect and collective bargaining reforms,” he said.

Nevada News Bureau Editor Elizabeth Crum contributed to this report

Audio clips:

Gov. Brian Sandoval says the budget deal is the result of leadership and consensus:

060111Sandoval :12 provide all three.”

Assembly Speaker John Oceguera says budget deal is bipartisan and fiscally responsible:

060111Oceguera1 :18 our most vulnerable.”

Oceguera says work is still needed on reforming the state’s revenue structure:

060111Oceguera2 :12 state forward, thank-you.”

Senate Majority Leader Steven Horsford says the reforms to teacher tenure won’t harm good teachers:

060111Horsford1 :13 a great job.”

Horsford says Nevada policy makers came together while facing the biggest fiscal challenge of any state:

060111Horsford2 :13 to the plate.”

Assembly Minority Leader Pete Goicoechea says not everyone got all they wanted in the deal:

060111Goicoechea :15 resolve this issue.”

Sen. Sheila Leslie says the budget is not one she is proud of because of the necessary cuts to important programs:

060111Leslie :12 that we have.”

  • http://pulse.yahoo.com/_QL6VLWPUOGJGXFQIYKFVEKFSNI Mr. W

    So as of today, there is a $481,000,000 surplus!  Great!  When do I get my check? 
    Or is this really lipstick on a pig?

  • Anonymous

    I have posted this already here before You guys should stop complaining because, one the health care we have now isn’t as good as it was supposed to be. also the law has just been signed so give it some time. so if u want to say u have the right to choose tell that to ur congress men or state official. If you do not have insurance and need one You can find full medical coverage at the lowest price check search online for “Penny Health Insurance” If you have health insurance and do not care about cost just be happy about it and believe me you are not going to loose anything!

  • deacon427

    Wow.  Amazing.  Unbelieveable.  Stunning.  Beyond imagination.  All this describes this situation because the legislature and the Governor have managed to not fix the problems for Nevada once again.  This legislature and Governor did nothing more than what legislatures and Governors before them have done, and that is to put bandaids on the real issues.  Education needs to be properly funded.  The tax system needs long term revamping so as to not depend too heavily on sales and use taxes of tangible personal property.  We need to tax services.  Mining needs to be a royalty tax.  Gaming tax needs to break into the double digits.  It is beyond comprehension that the legislature and the Governor could have seen what has happened in past and not take the initative to fix the real problems.  This is a profound lack of common sense and intelligence.  Governor I am very, very, very unimpressed with you, and in fact your stupidity sickens me.  As for the legislature you are no better than any other legislature before you.   I think it is too late to recall you Governor but why not anyhow just so you can’t screw us anymore.  With what you have done to state employees we end up getting a cut in pay that is more like 15 to 20%, not to mention what you have reneged on when we agreed to become employees.  You are like the kid that when he doesn’t like the outcome of the game because it didn’t suit him, he then wants to change the rules to benefit himself.   I thought Gibbons was a loser of a Governor, but you have managed to out do him.  Astounding.   

  • deacon427

    Mr W are you talking about the rainy day fund that is required by law?  There is no surplus at the state level.  The rainy day fund is there for dire emergencies and small gap filler, not for LARGE holes in the budget.  The tax system has needed revamping for over 25 years but are outstanding legislatures and Governors have sought to use bandaids rather than fix the problem.  They are worthless.  Tax on services.  Royalty tax on mining.  Double digit tax on gaming.  You do these things, which should have been done long ago, and the budget problem is fixed now, and if we have another economic meltdown the bumps in the road will be a heck of a lot smoother.  This is not brain surgery and should be fairly easy to accomplish as long as people understand that if you want to live in this great state then you need to do what is necessary to keep it great.  First and foremost,  FUND EDUCATION, and not like we live in 3rd world country, thank you very much.  We are the most looked to nation in the world and we act like we don’t care enough to do what is needed to stay on top.  Geez…!

  • deacon427

    Did not know that oathkeepers were concerned with state politics, I thought it was only Federal, but ok.  They are correct that the Governor and the legislature should up hold the constitution of the state in so much as to not deficit spend for instance. However, more importantly the Governor and legislature are elected to do what is best for all Nevadans in order to keep Nevada prosperous and great.  This does not mean that cut the budget into the abyss, and neither does it mean that they spend the taxes we pay like drunken sailors.  There needs to be common sense used here as well as a certain prudence to make sure that ALL Nevadans are taken into consideration.  Illegal immigrants are NOT citizens of Nevada, and they are not citizens of the USA, and therefore we should not be paying a dime for anything that they may need, because they are not entitled to it.  There is much to do with reform to education as well, but taking tenure away, end-running collective bargaining, and putting a teacher’s future in the hands of administrators and parents is by far the most ludicrious thing I have ever heard of.  I would have expected no less from the total inept legislature and Governor that we have currently, and it saddens me to have to say that.  I want real leadership to provide real solutions to real problems that we have in Nevada, and so far I have not seen hide nor hair of this happening any time in the near future.