Archive for June, 2011

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Gloves Come Off the Night Before the GOP Battle for CD-2 Nomination

By Elizabeth Crum | 9:07 am June 18th, 2011

Former state Senator and GOP Chairman and CD-2 candidate Mark Amodei last night struck back at state Senator and opponent Greg Brower.

An email missive from Amodei hit the inboxes of the Republican party faithful on the eve of the Nevada Republican Party’s gathering in Sparks. The party will today call a quorum of its central committee members and vote to decide the party’s nominated candidate for the special election to fill Senator Dean Heller’s vacated congressional seat.

Though Amodei’s it’s-too-bad-people-are-slinging-mud email did not mention Brower by name, Brower has been the only candidate to directly criticize Amodei.

In a three-way debate in Reno earlier this week with both Amodei and former U.S.S. Cole Cmdr. Kirk Lippold, state Senator Greg Brower questioned Amodei’s conservative credentials.

Brower’s criticism of Amodei on Wednesday was based on his opponent’s support of certain collective bargaining policies for public employees as well as a vote in favor of the $1 billion 2003 tax increase approved by the Legislature and signed into law by Gov. Kenny Guinn.

Amodei defended his support for Guinn’s 2003 budget as the only way to avoid a state income tax. He then said Brower would have backed the measure, too, except that Brower lost his seat at the time due to a primary challenge by Sharron Angle.

A few hours later, Amodei sent out the following email missive which presumably made it into the inboxes of Republicans statewide including many central committee members who will be voting today (note the postscript, too, in which Amodei claims ownership of the idea to eliminate the Department of Education — a platform many conservatives including Sharron Angle have run on in recent years):

Amodei Sets the Record Straight

Dear —-,

All of Congressional District 2 embodies the core Nevada values, that some folks call “small town values” such as the importance of independence, self-reliance and commitment.  I believe in those values just as I believe in discussing issues, based upon facts, and I will remain true to those values.

It’s unfortunate that one of our candidates has decided to run a campaign against fellow Republicans like the Democrats ran against former Senator Ann O’Connell and former Senator (now Representative) Joe Heck. Those campaigns, funded with big money from unions and other special interests, were full of lies, distortions of legislative votes, innuendos, and even attacks on campaign staff.

I could lower myself to that level. I could talk about one candidate’s 140 votes for taxes and fees when he was an assemblyman. I could bring up other things about other candidates. I will not do that.

Slinging mud at other Republicans only helps the Democrats’ campaign against us! Those attacking me and others do not care about the party or winning. They only care about themselves.

Tonight, Jon Ralston hosted a debate on his TV show. Although I would normally be in attendance, as I believe public debate is one of the best ways for you to learn about a candidate’s stand on the issues, I had a prior commitment. Months ago, prior to the special election announcement, I made a promise to honor a woman who has raised tens of millions of dollars to support one of Nevada’s public education institutions, Western Nevada College. As a product of small town America and Nevada’s public schools, when I am asked to do something and I promise I’ll be there, I keep my word.

Therefore, I want you to know that I am fulfilling my promise – just as I will keep my promises to voters as a member of the U.S. Congress should you deem me fit to serve.  I WILL remember who gave me the job.
Cordially,
Mark Amodei

PS - I was glad to hear that one of the candidates adopted my idea of cutting the Dept. of Education budget and sending the money to the states.

 

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Gov. Sandoval Signs, Vetoes Stack of Bills on Deadline Day

By Sean Whaley | 5:57 pm June 17th, 2011

CARSON CITY – On deadline day for Gov. Brian Sandoval to act on the remaining bills from the 2011 legislative session, measures extending existing taxes for two more years, authorizing the creation of a toll road around Boulder City and banning the use of hand-held cell phones while driving were all approved.

Gov. Brian Sandoval signed dozens of bills into law by a deadline today./Nevada News Bureau file photo

Also approved was a controversial bill allowing adults-only bars that have smoking to serve food. The measure was opposed by anti-smoking opponents, but welcomed by tavern owners who testified their businesses were suffering from the vote-approved Nevada Clean Indoor Air Act.

“Every session we hear legislators bemoan the fact we’re at the top of all the bad lists and the bottom of the good lists,” commented Michael Hackett, consultant for the Nevada Tobacco Prevention Coalition, when the bill was approved by the Legislature. “Obviously, that’s still acceptable for most legislators.”

Sandoval also signed the last of three major campaign reform bills sought by Secretary of State Ross Miller, which will make major changes to reporting of contributions to candidates and banning some questionable campaign practices.

Secretary of State Ross Miller saw all three of his major campaign finance reform bills signed into law by Gov. Sandoval./Nevada News Bureau file photo

“It’s a substantial victory for voters today and the final piece of our campaign and election reform package has been enacted now,” Miller said. “So I think voters can anticipate significant improvement in the next election, one that will be visible to them in terms of transparency and disclosure.”

Among other reforms, the bills require electronic filing of campaign contribution and expense reports so the public can easily search the information. They will also improve disclosures by third party groups that run campaign ads.

“That’s probably the biggest complaint that we get in our office every election cycle is that the public doesn’t know who is funding the TV ads or the mailers that they get in the mailbox, Miller said. “This will significantly improve those disclosure requirements.”

Sandoval signed dozens of bills, but vetoed several others, including Assembly Bill 578, which Republican critics said would lead to the creation of a full-time Legislature, and Assembly Bill 301, which addressed the restoration of voting rights for ex-felons.

The veto of AB301 was criticized by the ACLU of Nevada.

“We are surprised and disheartened that the governor vetoed a bill which would have created easily understandable, reliable laws,” said Dane Claussen, executive director for the ACLU of Nevada. “Gov. Sandoval rejected an opportunity to clarify our voting laws not just for the voting public, but also our county officials and clerks.”

He also vetoed a controversial bill that was amended in the last minutes of the legislative session to include a transmission line for NV Energy.

“To increase utility rates on Nevadans struggling to emerge from a severe economic recession would result in the imposition of an unnecessary and unfair burden on our recovery,” Sandoval said in his veto message.

In one unusual decision, Sandoval allowed a bill relating to pet cemeteries to become law without his signature.

“Although I have not been involved in the drafting or the subsequent passage of this bill, when my office conducted our internal review, it became clear that a member of my family may be affected by SB191 becoming law,” he said in a statement.

Earlier this week, Sandoval also signed the major bills establishing the state budget for the two years beginning July 1, as well as four major education reform measures that were part of a package agreed to in exchange for extending a 0.35 percent sales tax increase and a higher payroll tax rate for the state’s largest businesses.

The $620 million tax extension bill, which will include the higher revenues through June 30, 2013, wasn’t all bad news for anti-tax advocates, however. It also eliminates the payroll tax for 70 percent of Nevada’s businesses, those with payrolls of less than $250,000 a year. The taxes were approved by the 2009 Legislature for two years to balance the current budget. That had been set to expire June 30 until the tax and reform package was agreed to by Sandoval and most lawmakers.

Audio clips:

Secretary of State Ross Miller says the three campaign finance bills are a substantial victory for voters:

061711Miller1 :16 transparency and disclosure.”

Miller says bills make many reforms, including new disclosure requirements for third-party groups:

061711Miller2 :17 those disclosure requirements.”

 

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Secretary Of State Will Evaluate Mail-In Ballots For Special Election

By Sean Whaley | 3:51 pm June 17th, 2011

CARSON CITY – Secretary of State Ross Miller is asking for information from county clerks and registrars about the possibility of using mail-in ballots for the upcoming special election to fill the vacant Congressional District 2 seat.

Secretary of State Ross Miller has agreed to evaluate a mail-in ballot for the Congressional District 2 special election./Nevada News Bureau file photo.

“One of our biggest concerns with the special election is trying to reduce the cost to taxpayers,” he said today. “And under new legislation, any county clerk or registrar can convert any precinct into a mail ballot-only precinct with the permission of our office.

“We’ve received several requests from some county clerks who want to at least explore that option and so we simply asked them to prepare some analysis and identify potential issues,” Miller said.

Miller is asking each county to provide his office with itemized cost estimates for printing, postage, additional staff time, and other expenses. He’s also asking local elections officials to address any administrative problems or concerns they might anticipate. County clerks and registrars are being asked to provide the information by the end of next week.

Miller said he remains skeptical that there would be any cost savings by running the special election through a mail-in ballot process, but the information provided by local election officials should help answer the question.

“All-mail elections are really a Western phenomenon,” he said. “In Oregon they use entirely mail ballots. In Washington, I believe it is over 90 percent, and Arizona is very high also. So it has been a trend that we have seen as some of the states move away from electronic voting machines.”

Miller said he has confidence in the state’s electronic voting machines.

“And so absent a very good reason to depart from the electronic machines I don’t think we’ll do it in the special election, but we certainly want to explore whether or not there are any cost savings to try to reduce the cost to taxpayers of going to the special election,” he said.

The special election expected to be set for sometime this fall is needed for voters in Congressional District 2 to pick a replacement for former Rep. Dean Heller, who was appointed to the U.S. Senate seat held by John Ensign.

Audio clips:

Secretary of State Ross Miller says he wants to evaluate a mail-in ballot to see if there would be a savings to taxpayers:

061711Miller1 :23 identify potential issues.”

Miller says mail-in balloting is a Western phenomenon:

061711Miller2 :20 electronic voting machines.”

Miller says he still has confidence in the state’s electronic voting machines:

061711Miller3 :24 the special election.”

 

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Gov. Sandoval Signs Bill Aimed At Generating More Money For Schools By Investing In Economic Diversity

By Sean Whaley | 2:21 pm June 16th, 2011

CARSON CITY – A bill allowing the state Treasurer to invest up to $50 million in education trust funds to support economic diversification efforts and generate more money for public schools was signed into law today by Gov. Brian Sandoval.

Concerns had been expressed about the legality of Senate Bill 75 after it had been amended in the Senate, but Treasurer Kate Marshall said today the final version of the measure restored the original language.

“The passage of SB75 is going to result in more money for K through 12, so that we can invest the way most western states invest,” she said. “And also for the first time in the state’s history we’re going to have the ability to do private equity investments in Nevada; create jobs here.”

Treasurer Kate Marshall says SB75 will both create jobs and generate more money for public schools./Photo: Treasurer's Office

Marshall said businesses have already contacted the state because of the passage of the bill, expressing an interest in finding out more about it with an eye to possibly relocating here.

Chuck Alvey, president and CEO of the Economic Development Authority of Western Nevada (EDAWN), said several businesses in the developmental stage have inquired about the new program, which will take several months to get up and running.

The new law will provide an investment tool that other states have been using but that Nevada has not been able to offer to companies until now, he said. If a company in development can be brought to the state where it can grow from the ground up, it will more likely remain in the state and generate jobs for Nevadans, Alvey said.

“It’s a very important tool,” he said.

The bill was opposed by some Republicans over concerns about the constitutionality of the measure.

One of those was Sen. Greg Brower, R-Reno, a GOP candidate for the vacant Congressional District 2 seat. Marshall is a Democrat who is also running for the seat.

A big hurdle for the measure was the state constitutional prohibition on loaning state money to any company except a corporation formed for educational or charitable purposes. Supporters of the bill obtained a judicial determination that the proposed investments would be constitutional. But Brower and some other Republican lawmakers said the determination was insufficient to satisfy their concerns.

The new law will create a nonprofit public entity, the Nevada Capital Investment Corporation (NCIC), 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.

Marshall said the next step in the process will be to get the board appointed so the investment process can get under way.

The NCIC will hire professional private equity fund managers that will 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.

A Business Leadership Council comprised of business leaders and professional business development groups will also be created to provide strategic guidance and to mentor businesses which successfully compete for investment dollars.

The primary focus of the bill is to get a better rate of return for the $310 million 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. Only the interest can be spent by Nevada’s 17 school districts. About $8 million was generated for schools last year.

Marshall said the school fund is earning about 2.5 percent now. The private equity investments are expected to bring in between 4.3 percent and 7.5 percent, she said.

“The most important thing is to be fiscally prudent, to do your due diligence, to make sure you invest in companies that are going to provide you the kind of return and the kind of jobs and the kind of economic diversity we want here in Nevada while at the same time providing more money for K through 12,” Marshall said.

The new law also provides an opportunity for Nevada for the first time to be eligible for federal grant programs where debt support is made available for certain companies coming to the state, she said.

Audio clips:

Treasurer Kate Marshall says SB75 will bring in more money for public education and allow private equity investment:

061611Marshall1 :17 create jobs here.”

Marshall says the most important goal with the new authority is to be fiscally prudent:

061611Marshall2 :15 K through 12.”

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Nevada Delegates to Participate in Presidential Straw Poll at Southern Republican Leadership Conference

By Elizabeth Crum | 12:11 pm June 16th, 2011

With the New Hampshire debate concluded, Republican presidential contenders are today gathering in New Orleans in anticipation of the first major test of strength among GOP activists from around the country, the Republican Leadership Conference 2011 (RLC) Presidential Straw Poll.

Sub-plots abound.

Nine presidential candidates. Over 2,000 delegates from 38 states including many from early caucus and early primary states like Iowa, Nevada and Florida. Huntsman, Romney and Pawlenty all in one place for the first time. Bachmann on the upswing after exceeding expectations in New Hampshire this week. Cain and Santorum vying for relevancy. Newt regrouping. Ron Paul plugging along.

Texas governor Rick Perry, who has not announced but whose name has been floated as a possible late-entry to the race, will also be speaking at the conference.

Paul is expected to win the straw poll in part because his campaign purchased “an obscene number” of conference registration badges to distribute among his supporters, according to a GOP consultant with knowledge of the situation.

He did not know whether paid-for badges were given to any Nevada delegates, but it’s certainly possible in light of the Texas congressman’s strong Silver State support in the 2008 caucuses. Paul placed second to Romney in Nevada with 14% of the vote.

With Team Paul virtually guaranteed a win, what will be interesting is who takes second place. The runner-up at RLC can leave the Big Easy claiming to be a frontrunner with the conservative base.

Cain is now essentially battling Bachman for the Tea Party mantle. And T-Paw needs a strong showing after a weak performance in Manchester.

“With the field nearly defined for the first time, the nominating contest is at a critical point this week. Our straw poll of delegates from 38 states will be the best indication yet of which candidates core GOP activists, donors and elected officials support for president,” RLC President and CEO Charlie Davis said.

Voting takes place Friday from 11:00 a.m. to 6:00 p.m. and Saturday from 11:30 a.m. to 1:30 p.m. The results will be posted to at www.RLC2011.com on Saturday afternoon at 2:30 p.m.

 

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Net Worth of Nevada’s Beltway Delegation

By Elizabeth Crum | 7:20 am June 16th, 2011

Congress this week released the personal finance reports filed each May by members of the House and Senate. The value of assets are reported in ranges so totals are estimates, and those estimates can vary widely. So widely, in fact, that they are rendered nearly meaningless, and it is somewhat astounding the filings are even required.

For example, according to her report, Rep. Shelley Berkley is worth a minimum of $6.1 million and a maximum of $23.9 million.

Senate Majority Leader Harry Reid is worth a minimum of $3.35 million and a maximum of $10.4 million.

Sen. Dean Heller is worth a minimum of $2.5 million and a maximum of $11 million.

Rep. Joe Heck is worth between $378,000 and $895,000 (and is still  paying off student loans from medical school) according to the report.

When taken as a whole, the net worth of Nevada’s congressional delegation is between $12.3 million and $46.2 million.

Image reused under the Creative Commons 3.0 Unported license by PD-USGov-money

Las Vegas Sun reporter Karoun Demirjian wrote a fun piece including some of the more notable things from each report. Among them:

– Harry Reid accepted a $14,500 private jet ride from California Sen. Dianne Feinstein. He also holds in excess of $500,000 in municipal bonds tied to school buildings and other “administrative” ventures in various states.

– Much of Shelley Berkley’s wealth is tied up in dialysis machines owned by her husband’s medical practice.

– Joe Heck is still paying off student loans from medical school (he owes between $50,000 and $100,000).

– Dean Heller’s portfolio is…”boring.” He has municipal bond holdings, some Bank of America and Mass Mutual Life Insurance accounts, and a small LLC.

House and Senate members are paid $174,000 a year. Leaders (majority and minority party leadership) are paid $193,400.

A cost-of-living-adjustment (COLA) increase takes effect annually unless Congress votes to not accept it, which they did in 2010. The cost-of-living increase would have given lawmakers a $1,600 raise this year, so taxpayers were saved $850,000 by the vote.

 

 

 

 

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Leading GOP Candidates For Heller Congressional Seat Face Off In Tame Debate

By Sean Whaley | 5:26 am June 16th, 2011

RENO – For the three leading Republican candidates seeking the Congressional District 2 seat vacated with the appointment of Dean Heller to the U.S. Senate, it was all about qualifications and experience in a debate held here Wednesday.

Former state Republican Party Chairman Mark Amodei, also a former state senator, state Sen. Greg Brower, appointed to fill the seat formerly held by retired Sen. Bill Raggio, and retired Navy commander Kirk Lippold, faced off ahead of a GOP meeting Saturday in Sparks that could determine which candidate will get the party nod.

Republicans vying for the Congressional District 2 seat, from left, Mark Amodei, Greg Brower and Kirk Lippold, chat before the debate. / Photo: Sean Whaley, Nevada News Bureau

The debate was fairly sedate until the end, when the candidates talked about their qualifications for the post.

Brower criticized Amodei for pushing a massive tax hike in the 2003 Nevada legislative session, and for supporting collective bargaining efforts during his time in the Legislature.

Brower said Amodei is on the “wrong side” of these issues in 2011 for Republicans, who want lower taxes, less spending and a smaller government.

Amodei defended his tax proposal, and said he was participating in the 2003 session unlike Brower, a member of the Assembly when he lost a GOP primary race to Sharron Angle in 2002.

Lippold acknowledged his lack of political experience, but said he would benefit from not being burdened by any “business as usual” positions on the issues facing the country. Lippold, commanding officer of the USS Cole when it was attacked by terrorists in Yemen in 2000, said he has the strength of character and integrity to stand up to President Obama and Senate Majority Leader Harry Reid.

The debate held at the Boys and Girls Club of Truckee Meadows drew about 115 people. The candidates agreed on a number of issues, from rejecting the idea of increasing the federal debt, at least without corresponding cuts in spending, to working to reduce the country’s dependence on foreign oil.

Lippold said nuclear power has to be a part of that strategy, and suggested nuclear reactors could be built at the former Nevada Test Site to help power the Southwest.

Right now the CD2 race is wide open, with 31 candidates, including 17 Republicans, already filed to succeed Heller. Filing ends June 30. But the Nevada Supreme Court is expected to decide later this summer if the Democrat and Republican parties can pick their candidates rather than see a “ballot royale” at a special election that will occur sometime this fall.

Republicans are challenging the wide open contest advocated by Democrat Secretary of State Ross Miller. The GOP is concerned that with several strong Republican candidates on the ballot, Democrats could take the seat for the first time since it was created in redistricting in 1981. The district covers all of Northern and rural Nevada and includes a small portion of Clark County as well.

With similar views on the major issues, the candidates acknowledged that their background and experiences are key to who should win the GOP nod for the seat.

It was at this point that Brower delved into Amodei’s record in the Nevada Legislature. Amodei was termed out in the 2010 election.

“My record in Carson City is one of fighting for balancing budgets without raising taxes,” Brower said. “In 2003, Mark was part of the effort, he co-sponsored a bill, to raise what would have been the biggest tax increase in state history.”

State Sen. Greg Brower makes a point at the debate./Photo: Sean Whaley, Nevada News Bureau

Brower also questioned Amodei’s support for public sector collective bargaining during his time in the Legislature.

In response, Amodei said the tax bill he proposed was designed to head off an income tax that could have been imposed on Nevadans.

“That bill was done as a way to defeat the Nevada IRS,” he said. “So think about that. This state with an income tax? No way.”

Former state Sen. Mark Amodei responds to a question at the debate./Photo: Sean Whaley, Nevada News Bureau

In response to the collective bargaining statement, Amodei said: “And the collective bargaining stuff was a way to try to blow up the teachers union, who we are still under the thumb of financially. And I said that in my floor statement, but my opponents are not telling you that, because you know what, it doesn’t serve their political purpose.”

Brower also pointed out Lippold’s lack of legislative or Washington, D.C. experience.

Lippold said the nation’s founding fathers didn’t have such experience either.

“They took life experiences and went on to build the greatest nation on the face of the earth, and give us the tools that still hold true today,” he said. “I will do, having experienced a terrorist attack personally, whatever it takes to keep this nation safe.”

Retired Navy commander Kirk Lippold speaks at the debate./Photo by Sean Whaley, Nevada News Bureau

In an interview after the debate, Lippold said: “We need people that are going to go to Washington that have the strength and character and integrity to stand on principle and tell the Obama Administration and the Harry Reid machine, now is not the time to continue government expansion. We need to reduce spending, we need to reduce government, we need to reduce taxes.”

The state Democrat Party also weighed in on the debate with a press release immediately following the event.

“Tonight’s debate highlighted the clear choice voters in CD 2 face this fall between a Democrat who will fight to create jobs and protect Social Security and Medicare, and a Republican who supports the job-destroying, Medicare-ending Washington GOP agenda,” said Nevada State Democratic Party spokesperson Zach Hudson.

Audio clips:

State Sen. Greg Brower says former state Sen. Mark Amodei pushed a big tax increase in 2003:

061511Brower1 :13 in state history.”

Brower says Amodei is on the wrong side of issues important to Republicans:

061511Brower2 :10 size of government.”

Amodei says his 2003 tax proposal was an effort to head off a state income tax:

061511Amodei1 :19 tax? No way.”

Amodei says his collective bargaining position is not being fully explained by his opponents:

061511Amodei2 :13 their political purpose.”

Retired Navy commander Kirk Lippold says the Founding Fathers didn’t have political experience either:

061511Lippold1 :27 hold true today.”

Lippold says he has the strength of character to stand up to President Obama and Sen. Harry Reid:

061511Lippold2 :16 to reduce taxes.”

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Humane Society Says New Laws Mean Nevada Is Now Nicer to Animals

By Sean Whaley | 2:05 pm June 15th, 2011

CARSON CITY – The Humane Society of the United States says Gov. Brian Sandoval and the Legislature enacted several important measures to strengthen Nevada’s protections for animals in the just-ended 2011 session.

“We commend Gov. Sandoval and Nevada lawmakers for passing this raft of legislation to protect animals from cruelty and abuse,” said Holly Haley, Nevada state director for the organization. “The anti-cruelty laws of a state are a reflection of our basic values and attitudes toward animals, and this collection of bills is a measurable step forward for the state of Nevada.”

Not all the bills aimed at animal issues were successful in the session.

Senate Bill 364, which proposed to ban horse tripping, a practice of roping a horse’s legs used in some non-sanctioned rodeos, failed to win approval in the Senate Natural Resources Committee. Supporters of the bill, including the Humane Society, said the practice is cruel and does occur in some non-advertised rodeos in Nevada.

Opponents said the proposal was an attempt to open the door to banning other types of rodeo events, and ultimately, rodeos themselves. Testimony in opposition showed that the Professional Cowboys Association has long banned horse tripping as a rodeo event and sanctioned rodeos, like the Reno rodeo, have not had a horse-tripping event in 50 years.

But other measures saw success.

Sen. Sheila Leslie, D-Reno, saw passage of her bill regulating the use of leg hold traps./Nevada News Bureau file photo

Senate Bill 223, sponsored by Sen. Shirley Breeden, D-Henderson, and Sen. David Parks, D-Las Vegas, known as “Cooney’s Law” after a dog brutally killed with a box cutter, was the highest profile animal welfare measure considered during the session. The new law makes willful or malicious cruelty to pet animals a felony on the first offense. Under previous law, a felony charge could be issued only after a third act of cruelty.

“I’m so proud of the efforts by Nevada animal advocates to get the job done,” said Gina Greisen, president of Nevada Voters for Animals, who helped author the legislation. “I want abusers in Nevada to know their behavior will not be tolerated if they choose to harm a helpless animal.”

Senate Bill 226, sponsored by Sen. Sheila Leslie, D-Reno, Parks, and Assemblywoman Peggy Pierce, D-Las Vegas, requires the wildlife commission to regulate leg hold traps in congested areas.

Senate Bill 299, sponsored by Sen. Mark Manendo, D-Las Vegas, requires commercial dog breeders to be licensed and to have regular county inspections, bans the stacking of cages and the use of wire floors in puppy mills, and prohibits the breeding of dogs younger than 18 months of age. The bill applies only to commercial breeders selling dogs as pets, and exempts hobby breeders.

Senate Bill 102, proposed by the Senate Natural Resources Committee, imposes civil penalties for illegally killing or possessing a trophy big game mammal, or for illegally killing or possessing certain wildlife species.

 

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Gov. Sandoval Signs Education Reform Bills Into Law

By Sean Whaley | 11:17 am June 15th, 2011

CARSON CITY – Gov. Brian Sandoval today signed four public education reform bills into law, saying Nevada has “made great advancements on behalf of our schoolchildren.”

Sandoval signed Assembly Bills 225 and 229, and Senate Bills 197 and 212 into law.

Gov. Brian Sandoval today signed education reform legislation into law./Nevada News Bureau file photo

“I am proud to sign these groundbreaking education reform bills into law,” he said. “Today, we have replaced traditional tenure with an evaluation system that allows for the removal of ineffective teachers from the classroom and dramatically alters the practice of using seniority as the only factor in school district lay-offs. Other factors including performance and effectiveness must now be included in teacher evaluations, as will student achievement data.”

Sandoval also noted that for the first time in state history, the governor has the authority to appoint the state superintendent of public instruction, as well as members of the newly revised state Board of Education. The Board will also have members appointed by legislative leaders, as well as four members elected by the people of Nevada.

“A new statewide entity will also have responsibility over our charter schools, ensuring more quality choices are available to parents and students,” he said. “These are historic education reforms which will help improve the quality of Nevada’s education system.”

Assemblywoman Debbie Smith, D-Sparks, one of the sponsors of the two Assembly bills, said: “I am pleased the education reforms we began developing over the past year have now become law. These reforms are the result of months and months of discussions with business leaders, education experts, school officials, teachers, parents and other elected officials.

“I am convinced these reforms are going to make a big difference in our kids’ lives, creating a better learning experience, ensuring Nevada has a better educated citizenry, and setting us on a path to long-term economic growth,” she said.

AB225 changes post-probationary status for educators by requiring that if a post-probationary educator receives negative evaluations two years in a row, the teacher would be placed back on probationary status.

AB229 establishes a pay-for-performance program so educators are rewarded for positive outcomes, extends the probationary period from one to three years so there is adequate time to evaluate an educator, and adds as grounds for termination the definition of gross misconduct so educators who make egregious violations can be dismissed swiftly. It also provides that layoffs of educators must not be based solely on seniority.

Sandoval and legislative leaders agreed on the reforms as part of an agreement to extend tax hikes set to sunset on June 30 to add more revenue to the state budget.

One reform sought by Sandoval, to move towards a constitutionally permissible school voucher program, was not achieved in the 2011 session.

Ray Bacon, executive director of the Nevada Manufacturers Association and a long-time advocate for reform to Nevada’s public education system, said last week in an interview he believes the changes to the public education system will produce improved student achievement over the long term.

Others are not so sure.

Victor Joecks, communications director of the Nevada Policy Research Institute, a conservative think tank, has called the education reforms minor and said they will have minimal impact on increasing student achievement in Nevada.

 

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Secretary Of State Orders Unlicensed Broker To Stop Offering Unregistered Investments

By Sean Whaley | 4:18 pm June 14th, 2011

CARSON CITY – The securities administrator for Secretary of State Ross Miller is ordering a Las Vegas man to immediately stop selling or offering to sell unregistered securities until both he and the securities are legally licensed and registered with the state.

Leonard Benson and the Leonard Benson Company, which uses a mail drop address on West Sahara, was offering investments in “The Leonard Benson Private Gaming Fund” through the mail and through a website Benson operated. Benson’s website also offered courses in gambling strategy.

Secretary of State Ross Miller/File Photo, Nevada News Bureau

According to the offering, an investment of $10,000 would yield a return of several hundred dollars per month for six months to a year, at which time the entire principal would also be returned to the investor.

In a letter sent to potential investors Benson states: “What I am offering you is an opportunity to receive a 36 percent to 100 percent return on your money in one year without doing anything!”

“The Leonard Benson Gambling Fund” is not registered as a security in the state of Nevada, and neither Leonard Benson nor his company is licensed as a securities broker-dealer, sales representative, or agent.

“Anyone who has made an investment with Mr. Benson or his company should contact my office immediately,” Miller said. “This type of enforcement requires an active role by potential victims. We can stop people like this most effectively with public cooperation. It’s also worth noting that this offering easily falls under the ‘too good to be true’ rule. A return of 36 percent to 100 percent in one year is cause for not just suspicion but downright incredulity.”

Anyone who has made investments with Leonard Benson is asked to contact the Secretary of State’s Securities Division at 1-800-758-6440.

Leonard Benson and The Benson Company have 45 days upon receiving the Cease and Desist Order to request a hearing on the matters in the complaint.

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Review Of Settlements Shows No Pattern Of Nondisclosure By State Agencies

By Sean Whaley | 2:21 pm June 14th, 2011

CARSON CITY – A review of cash settlements paid by state agencies to employees and contractors shows no pattern of failure to bring large payments to the Board of Examiners for review and approval, Gov. Brian Sandoval said today.

The board, which also includes Attorney General Catherine Cortez Masto and Secretary of State Ross Miller, reviewed 12 pages of cash payments, most of which were unrelated to settlements with employees.

A number of the settlements included in the report were for small amounts with prison inmates.

Sandoval said there is one clear example of a settlement made by the Department of Transportation that should have come to the board for approval.

The payment to former NDOT employee Chris Sanseverino to settle three different matters in 2010 totaled $150,000, double the $75,000 amount required to be brought to the board for approval. Sanseverino also received another $25,000 settlement in 2008.

Concerns about this and other cash settlements were first reported last month by the Nevada News Bureau.

Rudy Malfabon, deputy director for NDOT in Southern Nevada, said there was an issue of confidentiality in the Sanseverino matter.

NDOT official Rudy Malfabon testified on the issue of cash settlements at the Board of Examiners today/Photo: Sean Whaley, Nevada News Bureau

“Obviously the direction would be given to NDOT to bring those up to this board for approval in the future, he said.

The only other potential settlement at issue was a $79,989 payment made by the Department of Employment, Training and Rehabilitation’s Services to the Blind to Ronald Bussen in 2007. Sandoval said he is seeking more information on the matter.

The other issue raised in the report is the large settlements paid by the Department of Transportation to resolve claims by contractors. One payment to the Washington Group in 2007 totaled $7 million. Another payment to Frehner Construction in 2008 totaled $5.1 million.

Malfabon said such settlements are typically resolved by staff.

“In cases of construction claims they typically are negotiated by NDOT and settled and not brought to the Transportation Board,” he said.

In response, Sandoval asked: “So these are all settlements that are occurring without any review by any board, just within the Department of Transportation?”

Malfabon said yes to the question, but noted that larger settlements would be brought to the Transportation Board as part of the director’s report at board meetings.

Sandoval and other top state elected officials serve on the board, and Sandoval said he will take up the issue at the next board meeting as to whether some of the larger settlements should at least be brought forward for review.

Since there was only one clear example of an agency failing to bring a settlement to the Board of Examiners for review, no further action was deemed necessary by the board to clarify the provisions of the state administrative manual. Sandoval was assured that a reminder will be sent to all state agencies clarifying when such settlements must be brought to the board for approval.

Audio clips:

Gov. Brian Sandoval is told large settlements with contractors do not come to the Transportation Board for approval:

061411Sandoval :11 of Transportation? Yes.”

NDOT official Rudy Malfabon says such contracts are typically settled by staff:

061411Malfabon1 :12 the Transportation Board.”

Malfabon says large settlements will be brought to the Board of Examiners for approval from now on:

061411Mafabon2 :14 in the future.”

 

 

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Where in the World is Dean Heller?

By Elizabeth Crum | 2:04 pm June 14th, 2011

That’s the question the state Democrats asked when they put out a press release and “Wanted!” poster earlier this week (note the use of the pejorative “unelected” before Heller’s title):

But when contacted earlier this morning, one of Senator Heller’s staffers helpfully provided the following rundown of his Nevada schedule since being sworn into the Senate:

May 14 – Defending Freedom Red Rock Memorial Dedication, Red Rock NCA. (first weekend after being sworn into the Senate)

May 20 – Salute Our Troops welcome ceremony at Palazzo Hotel & Casino

May 21 – Armed Forces Day Parade, Hawthorne

May 28 – Jim Butler Days Parade, Tonopah

May 30 – Memorial Day: Las Vegas, Henderson and Boulder City

May 31 – Constituent meetings, Las Vegas

June 1 – Constituent meetings, Las Vegas

June 2 – Constituent meetings, Reno

The Senate reconvened on June 6, but Heller’s staff says he conducted a telephone town hall meeting on June 7 in Clark County and has another such call planned for this week.

The National Republican Senatorial Committee (NRSC) responded to the Dem’s with an email including a link to video of the Salute Our Troops event Heller recently attended in Las Vegas and a Las Vegas Sun photograph of Heller sitting next to Senator Harry Reid and Rep. Shelley Berkley at a Memorial Day weekend event.

In the NRSC missive, communications chief said, “Needless to say, let’s hope the Democrats do their homework the next time they blast out a partisan attack on Senator Heller.”

Politico’s Dave Cantanese was also all over it:

Nevada Democrats put out a clever “Wanted” poster Tuesday, claiming that Sen. Dean Heller hasn’t been seen in the state since being sworn in to the upper chamber in early May.

“Have You Seen Dean Heller? Unelected Junior Senator Gone Underground, Not Seen In Nevada Since Swearing in 5/9/2011,” read the catchy title.

The only problem is the claim is far from true.

Cantanese goes on to list Heller’s calendar items and provides a comment from Heller staffer Stuart Bybee who said, “The Senator is also in Nevada every weekend regardless of whether there is a event or not.

Cantanese also talked to a spokesperson for the Dems:

Nevada Democratic Party spokesman Zach Hudson stood by his assertion that Heller “has not done public events.”

“Even when the Senate was in recess a few weeks ago, in which Reid did public events in Reno and Las Vegas, Dean Heller was completely absent,” he said, noting that Rep. Shelley Berkley was at a parade in Heller’s district last weekend. “Heller, of course, was not there.”

Nice double down.

But one missed parade (if indeed Heller was not there) does not a “completely absent” Senator make.

 

 

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UPDATED: Top GOP Candidates for CD-2 Will Debate This Week in Reno

By Elizabeth Crum | 3:57 pm June 13th, 2011

As promoted by organizers, the “top three Republican candidates for the 2nd U.S. House District Congressional seat” will debate one another for the first time at a special event to be held at 6 p.m., June 15 at the Boys and Girls Club of Truckee Meadows at 2680 E. 9th Street in Reno.

(Update: As of 12:30 p.m. on June 15, Ray Hagar at the RGJ is reporting on Twitter that there is a $10 charge to attend the debate.)

The invited candidates are retired Navy commander Kirk Lippold, former state Senator and recently resigned state GOP Chairman Mark Amodei and state Senator Greg Brower.

The debate will be broadcast live by KNPB Channel 5 and News Talk KKFT 99.1 FM (FOX News Radio). You can listen to the livestream online here.

(Update: I have been informed as of 4:11 p.m., Monday, June 13 that KNPB will not be televising after all.)

Radio listeners will be given the opportunity to offer questions to via the station, some of which may be asked of the candidates in the second half of the debate.

Northern Nevada television personality John Tyson will moderate the debate, which is expected to last 90 minutes. A panel will present questions to the candidates.

The event is sponsored by the Nevada Republican Assembly.

Bloggers and podcasters are being encouraged to ask for press credentials by contacting Paul Jackson at photo215@aol.com.

In addition, Nevada News Bureau has been authorized to collect and pass along questions from bloggers for possible use during the event. If you are a blogger, you can drop your question below as a comment (along with your name and blog URL) or email them to me at:  editor@nevadanewsbureau.com

 


 

 

 

 

 

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U.S. Supreme Court Reverses Nevada High Court, Upholds Nevada’s Ethics Law

By Sean Whaley | 2:08 pm June 13th, 2011

CARSON CITY – The U.S. Supreme Court today upheld Nevada’s ethics law in a case involving a Sparks city councilman. The opinion reversed a ruling by the Nevada Supreme Court.

The court, in an 11-page opinion written by Justice Antonin Scalia, said Nevada’s ethics law does not infringe on elected officials’ free speech rights by imposing limits on when they can vote on public matters because of conflicts of interest.

Associate U.S. Supreme Court Justice Antonin Scalia wrote the Carrigan opinion./Photo: U.S. Supreme Court

How can it be that a restriction on a public official’s right to vote is not a restriction on free speech? Scalia asked in the opinion.

“The answer is that a legislator’s vote is the commitment of his apportioned share of the legislature’s power to the passage or defeat of a particular proposal,” he said. “The legislative power thus committed is not personal to the legislator but belongs to the people; the legislator has no personal right to it.”

The case is called Nevada Commission on Ethics v. Carrigan. In 2006, Sparks city councilman Michael Carrigan had disclosed that his former campaign manager, Carlos Vasquez, was also a consultant with a business seeking to develop a hotel-casino in Sparks. Carrigan later voted for approval of this casino in a land-use vote.

The Nevada Commission on Ethics ruled the vote improper and censured Carrigan, who appealed the ruling.

The Nevada Supreme Court, however, reversed the decision on the basis that Nevada’s ethics laws were over-broad and impinged on Carrigan’s ability to vote on public matters, a matter the court characterized as free speech.

The high court in January agreed to hear the case.

The case took on national importance. Eight other states had implored the court to take up the issue, and a high-powered team at the University of Virginia School of Law that helped petition the court to hear the case agreed to argue the case before the court.

Caren Jenkins, executive director of the Nevada Ethics Commission, said the court’s decision has made for “an extraordinarily exciting day” at the agency’s office.

“Any time the highest court in the country confirms that the acts of your agency did not infringe on the United States Constitution is a good day,” she said.

“Two important things, at least, came out of this opinion,” Jenkins said. “One is the Nevada Commission on Ethics statute about requiring abstention by a public officer when there is a conflict of interest is not over broad, and that is terrific to learn. Secondly, legislative voting is not speech and therefore it is not protected by the First Amendment to the Constitution.”

The commission is now looking forward to the reconsideration of the Carrigan case by the Nevada Supreme Court, she said.

“Without the shield, if you will, the defense of the infringement on the First Amendment, Mr. Carrigan’s arguments are going to be limited,” Jenkins said. “His attorneys are going to need to argue that there was some other wrongdoing, if you will, or some other act undertaken by the Commission on Ethics, that was impermissible. And we look forward to knowing what that might be.”

Audio clips:

Caren Jenkins of the state Ethics Commission says any day the nation’s high court rules the agency did not infringe on the U.S. Constitution is a good day:

061311Jenkins1 :15 a good day.”

Jenkins says the commission is looking forward to the rehearing of the matter by the Nevada Supreme Court:

061311Jenkins2 :29 that might be.”

Jenkins says two important points came out of the U.S. Supreme Court opinion:

061311Jenkins3 :27 to the Constitution.”

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Gov. Sandoval Announces Appointment Of New Administration Department Director

By Sean Whaley | 12:44 pm June 13th, 2011

CARSON CITY – Gov. Brian Sandoval today announced he has appointed Jeff Mohlenkamp as director of the Department of Administration effective July 11.

“I am pleased to announce that Jeff has agreed to join the team and lead the Department of Administration,” Sandoval said. “With more than 20 years of experience in state government, Jeff’s depth and breadth of experience across several agencies will be a strong asset to both my office and the department as a whole.”

Mohlenkamp replaces Andrew Clinger, who left state service to become Reno city manager. Today was Clinger’s first day on the job.

The director of the department also serves as the state budget director.

Mohlenkamp, currently deputy director of support services at the Department of Corrections, was previously the chief fiscal officer at the Nevada State Division of Mental Health and Developmental Services. As deputy director at Corrections, Mohlenkamp’s primary responsibility is to handle Budget Division and legislative requests and to prepare presentations for public testimony.

He has improved monitoring and management of overtime expenditures, analyzed and closed the biomass plant, formulated and presented sound arguments to reduce the department’s budget and developed an energy management process.

As CFO at the Division of Mental Health, Mohlenkamp was responsible for oversight of 13 different budget accounts totaling over $320 million annually and over 1,900 employees. His duties also included billing of federal revenues including Medicaid and Medicare, private insurance collection and management of several federal grants and revenue agreements from Washoe County, Clark County and several rural counties.

From November 2003 to November 2005, Mohlenkamp was an executive branch auditor in the Internal Audits Division of the Department of Administration.  He has also worked for the Nevada Gaming Control Board as a special agent and supervisor.

Deputy Budget Chief Stephanie Day will serve as interim director of the Department of Administration until Mohlenkamp takes over the job.

Sandoval also announced that he has named Director of the Department of Public Safety Chris Perry, Director of the Department of Corrections Greg Cox and Director of the Department of Agriculture Jim Barbee as permanent directors of their respective departments.  All three had served as acting directors since Sandoval took office.

 

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