Here’s the just-issued order from a Carson City court room:
Archive for September, 2011
Judge Russell’s Redistricting Order
By Elizabeth Crum | 11:19 am September 22nd, 2011Carson Judge Russell Expected To Rule Quickly On Redistricting Guidelines, Sets Public Hearings For Oct. 10-11
By Sean Whaley | 3:14 pm September 21st, 2011CARSON CITY – Racial gerrymandering, fracturing, packing, nesting – a three-hour hearing today in Carson City District Court over how to draw Nevada’s new political boundaries was full of arcane concepts and obscure terminology.
The much anticipated ruling from Judge James Todd Russell on guidelines for drawing those new districts will have major ramifications, however, for the state’s voters and its two major political parties.
The purpose of the hearing was to decide what factors a panel of three citizens must consider when drawing the state’s political lines for four congressional and 63 legislative seats based on the new population figures from the 2010 U.S. Census.
Attorneys for Democrats and Republicans used the terminology to make their cases for how the new political lines should be drawn. Most of the hearing focused on the four congressional seats that must be drawn for the 2012 general election. Nevada earned a 4th seat due to population gains over the past decade.
Time is of the essence in the dispute, with the election season set to get under way early next year.
Attorney Mark Hutchison, representing the Republican Party, argued that the Hispanic community in central Las Vegas should form the basis for one of the four congressional districts in any new redistricting plan.
Attorney Marc Elias, representing Democrats, argued that while communities of interest should be considered, there is no requirement in the federal Voting Rights Act that a predominantly Hispanic district be created.
Special Master Thomas Sheets, from left, GOP attorney Mark Hutchison and Democrat attorneys Mark Braden and Marc Elias confer after the redistricting hearing today. / Photo: Sean Whaley, Nevada News Bureau.
After the hearing, Hutchison said: “The court is going to take care to make sure this process is fair and from the beginning that’s all the Republicans have wanted, for the process to be fair. We want to start with a level playing field and let the chips fall where they might. We’re just opposed to any sort of a partisan Democratic slant to this process and I think we got that today.”
Hutchison said he will not appeal Russell’s ruling on how the redistricting process should be carried out by the special masters.
Elias declined to say whether he would appeal Russell’s ruling on the guidelines for the special masters on how to draw the maps.
“I always take these things one step at a time,” he said. “I’m here today and I’m going to wait for the ruling.
“Look, you heard the same thing I did – I think he said he was going to take this under advisement, he obviously listened attentively, he said he was going to do some research and then I expect we will hear from him.”
Russell has appointed the three special masters – Carson City Clerk-Recorder Alan Glover, Las Vegas attorney Thomas Sheets and former legislative Research Director Bob Erickson – to draw new political districts.
The issue ended up in the courts when a bipartisan plan could not be hammered out between Democrats and Republicans in the 2011 legislative session.
The Democrat-controlled Legislature passed two redistricting plans, both of which were vetoed by GOP Gov. Brian Sandoval.
While not immediately ruling on the Hispanic congressional district question, Russell did announce some developments in his plan to resolve the dispute.
He announced that the special masters will hold two public hearings, one in Las Vegas on Oct. 10 in the Grant Sawyer State Office Building, and the other Oct. 11 in the Carson City legislative building, to take comment from interested parties on what Nevada’s new districts should look like.
Following those hearings, the special masters will have until Oct. 21 to submit new political maps to the court. Russell said he will then release their report and proposed maps to the public.
Russell said that by Nov. 15 or 16 he will decide whether to accept the maps as drawn by the special masters or send the issue back for any specific revisions he deems necessary.
Regardless of how he rules, the redistricting issue is expected to end up in front of the Nevada Supreme Court, and could be appealed into the federal court system as well.
Elias asked Russell to use Senate Bill 497, the second redistricting measure passed by Democrats but vetoed by Sandoval, as the starting point for the special masters to draw new districts.
Hutchison and other attorneys representing Republicans rejected the idea, saying the maps approved for the 2001 redistricting, along with the many sets of maps proposed this year by lawmakers and citizens, could all be considered by the special masters as a starting point.
Attorney Daniel Stewart, representing Clark County resident Daniel Garza, who opposed SB497, said the congressional districts in the bill inappropriately “fractured” the Las Vegas Hispanic community into three different districts to create three safe Democrat congressional seats.
“This is a perfect example of what I think the masters shouldn’t do,” he said.
But Elias warned that any effort to focus exclusively on creating one Hispanic congressional district could lead to “racial gerrymandering” which would put any plan approved by Russell at risk for a federal court challenge. It is not possible to draw a congressional district in Las Vegas that would have a majority of eligible Hispanic voters, he said.
There is also no evidence of block voting by white residents that has thwarted the efforts of Hispanics to elect candidates of their choice, Elias said, noting the election of Sandoval, who is Hispanic.
One of the experts cited by Republican as evidence of block voting by whites was the election of former state Sen. Bob Coffin to the Las Vegas City Council in Ward 3, defeating Hispanic candidate Adriana Martinez in the process, he said. But the expert failed to note that Coffin is of Hispanic heritage himself, Elias said.
“Nevada is not Mississippi,” he said. “There is no white block voting in Clark County.”
Attorneys also argued their positions on other issues, including whether two state Assembly districts should be drawn to fit exactly within each state Senate seat, a process called “nesting.”
They also argued whether “representational fairness”, or consideration of how many “safe” seats each political party should have, is appropriately before the special masters.
A number of prominent Democrats have either announced or are said to be interested in running for the Southern Nevada congressional seats even though the district lines have yet to be drawn. Already announced candidates include Assembly Speaker John Oceguera, former Rep. Dina Titus who lost to Rep. Joe Heck, R-Nev., in the 2010 election, state Sen. John Lee of North Las Vegas and state Sen. Ruben Kihuen of Las Vegas. Senate Majority Leader Steven Horsford of Las Vegas is also said to be interested in running for Congress.
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Audio clips:
GOP attorney Mark Hutchison says Republicans want a level playing field:
092111Hutchison :25 got that today.”
Democrat attorney Marc Elias says Judge Russell listened attentively and will issue his ruling after conducting some research:
Public Comment Period Set For Oct. 7 In Southern Nevada Water Rights Hearings
By Nevada News Bureau Staff | 6:19 pm September 20th, 2011CARSON CITY – Nevada State Engineer Jason King today announced additional locations for public comment during the upcoming Southern Nevada Water Authority water-rights hearings.
The hearing is scheduled for multiple weeks beginning Sept. 26. Public comment is scheduled for Oct. 7 starting at 8 a.m. and will be video cast from several locations. The locations for public comment are the Nevada Legislative Building in Carson City, Room 1214; the Grant Sawyer State Office Building in Las Vegas, Room 4412; and the Great Basin College in Ely, Room 112.
Groundwater basin locations for SNWA applications.
Written public comments are also being accepted until 5 p.m. on Dec. 2. Comments should be addressed to the attention of Susan Joseph-Taylor, chief hearing officer, Office of the State Engineer, 901 South Stewart Street, Suite 2002, Carson City, Nevada 89701.
The hearing will be broadcast by audio and video on the internet from the Nevada Legislature.
The hearing will be held during normal business hours. The schedule of case presentations is:
- Sept. 26 through Oct. 6: Opening statements and Southern Nevada Water Authority
- Oct. 7: Public comment.
- Oct. 10–14: Southern Nevada Water Authority.
- Oct. 31: Henry Vogler, Juab County, Utah, Millard County, Utah (protestants).Nov. 1: EskDale Center, Great Basin Water Network (protestants).
- Nov. 2-10: Great Basin Water Network (protestant).
- Nov. 14 and 15: Confederated Tribes of the Goshute Reservation, Duckwater Shoshone Tribe, Ely Shoshone Tribe (protestants).
- Nov.16: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints (protestant).
- Nov. 17: Long Now Foundation (protestant).
- Nov. 18: Closing arguments.
Hearing Background
In 1989, the Las Vegas Valley Water District filed 146 water-right applications to appropriate nearly all of the unappropriated groundwater in 27 hydrographic basins, for a total appropriation of 180,000 acre-feet of groundwater. It later withdrew 32 applications from 10 of the basins and other applications were transferred to Lincoln County. Most of the applications have been assigned to the Southern Nevada Water Authority, which was created after the filing of the applications.
Permits were granted on applications filed in Spring Valley, Cave Valley, Delamar Valley and Dry Lake Valley; however, the Nevada Supreme Court held that the statutory process for postponing action on the applications had not been followed and remanded consideration of the applications back to the State Engineer with the requirement that the protest period be re-opened. The applications were republished in early 2011, which re-opened the protest period, and the new hearing does not include Snake Valley.
The total acre-feet of groundwater requested by SNWA from Delamar, Dry Lake, Cave and Spring Valleys is 125,976 acre-feet. There are applications pending in other hydrographic basins that have not been acted on, and the protest period on those applications will also be re-opened when the State Engineer is ready to move forward with action on those applications.
Information
More information, including documents, exhibits and groundwater basin inventories, is available online.
Nevada Water Law
An overview of Nevada water law is also available.
$4 Million Federal Grant Awarded To Nevada To Analyze, Justify Health Insurance Increases
By Sean Whaley | 4:53 pm September 20th, 2011CARSON CITY – U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius today announced Affordable Care Act grant awards of $3.96 million to Nevada to help fight what she calls unreasonable premium increases.
Today the agency also released a new report entitled Rate Review Works detailing how previous rate review grants are fighting premium hikes and helping make the health insurance marketplace more transparent.
“We’re committed to fighting unreasonable premium increases and we know rate review works,” Sebelius said. “States continue to have the primary responsibility for reviewing insurance rates and these grants give them more resources to hold insurance companies accountable.”
Companies offering health insurance coverage in Nevada could not immediately be reached for comment on the grant award.
Nevada is one of more than two dozen states challenging the constitutionality of the Affordable Care Act. But until the legal questions are resolved, Gov. Brian Sandoval has said Nevada has to plan for the implementation of the law.
U.S Department of Health and Human Services Secretary Kathleen Sebelius.
As of Sept. 1, the Affordable Care Act requires health insurers seeking to increase their rates by 10 percent or more in the individual and small group market to submit their request to experts to determine whether the rates are unreasonable. The act also requires insurance companies to publicly justify unreasonable premium rate increases. These provisions will bring greater transparency, accountability, and, in many cases, lower costs for families and small business owners who struggle to afford coverage, the agency said in a news release.
The Affordable Care Act provides states with $250 million in Health Insurance Rate Review Grants, $48 million of which has previously been awarded to 42 states, the District of Columbia and five territories. As outlined in the new report, these grants and other state rate review efforts are already making a difference in Nevada:
- Nevada has added actuarial support that has brought a new expertise to its rate review analyses. From Jan. 1 through March 31, 17 of the 30 rate filings received were disapproved.
- The grant also inspired legislative initiatives to broaden Nevada’s review authority to include small group health plans, the agency said. Assembly Bill 74, signed into law by Sandoval, gives the state Insurance Commissioner authority over rates for small group PPOs.
The agency said the grants awarded today will help to create a more level playing field by improving how states review proposed health insurance rates and holding insurance companies accountable for disclosing information about unjustified rate increases.
Nevada is proposing to use the grant funds in the following ways:
- Expand the scope of rate review: Nevada no longer exempts Group PPOs from filing requirements and Nevada will develop a plan to implement the necessary changes in policy and procedure to add small group rate filings to the rate review process.
- Improve rate filing requirements: Nevada implemented a “zero tolerance” policy as of July 1, requiring insurers to either resubmit an incorrect filing or correct minor errors through post-submission updates.
- Improve transparency and consumer access: Nevada plans to host consumer outreach meetings across the state in late 2011. Nevada will post weekly updates of rate filings under consideration and review on its website within five days of receipt, and links to posted rate filings will remain valid for three years. Nevada will also post rate filings from Aug. 1, 2010 forward and public comments addressing proposed changes on its new website.
- Hire new staff: Nevada will create 3 new positions with the grant funding.
- Improve information technology: Nevada recently launched a website dedicated to the Divisions’ rate review activities. The new site will serve as a primary consumer access point for health benefit plan rate filing information and posting of the Division’s analysis summary upon disposition.
Nevadans Grow More Pessimistic About Economy, Question If Elected Officials Understand Their Problems
By Sean Whaley | 2:19 pm September 20th, 2011CARSON CITY – Nevadans are more pessimistic now about the state of the economy than they have been since early 2010, according to the most recent poll commissioned by the Retail Association of Nevada.
It shows that Nevadans were starting to feel a bit better about the economy earlier this year, but their mood has changed in the poll by Public Opinion Strategies released today. Seventy-seven percent of those surveyed said the state is heading in the wrong direction, up from 69 percent in February and 76 percent in September of 2010.
“So it’s a very pessimistic voter population,” said Bryan Wachter, director of government affairs for RAN. “It’s just kind of reactionary. I think it ties for one of the most pessimistic polls we’ve done since we started polling.”
The only more pessimistic results came in February of 2010, when 80 percent of those surveyed said the state was headed in the wrong direction. RAN started its polling in May 2009.
Mary Lau, president of RAN, said the survey, “reflects the continuing, brutal toll that the economy is taking on Nevadans.”
“We conduct this poll approximately every six months to gain information about how Nevadans view our economy and the state’s political environment,” she said. “We then share this information with our members, the public and state Legislators so that the real concerns of our state will be considered when policies are shaped in Carson City.”
The survey of 500 likely voters was completed September 14-15 and has a margin of error of plus/minus 4.38 percentage points. It was conducted just before the release of the unemployment numbers for Nevada for August, which showed the third straight month of increases after five months of declines. The jobless rate rose to 13.4 percent in August, up from 12.9 percent in July.
Californians who lost jobs in 2007 due to a freeze. / Photo courtesy of FEMA.
“You can see where we were going, and there were a couple of optimistic points in the history of the poll, but we’re back to the more pessimistic side,” Wachter said. “It’s not surprising that these people are disheartened with the employment numbers, but it is surprising to see that respondents allowed themselves to get a little excited and then now we’re seeing that drop back off.”
The survey also shows that while Gov. Brian Sandoval’s approval rating is strong at 50 percent with 33 percent disapproving, the Legislature is not as fortunate. Thirty-nine percent of those surveyed approve of the job the Legislature is doing, with 48 percent disapproving.
And a majority of those questioned in the poll do not believe that Sandoval or the Nevada Legislature understand the challenges they are facing.
Fifty-two percent said they do not believe Sandoval understands the problems they face, with 41 percent saying he does. For the Legislature, 65 percent say lawmakers don’t understand their problems with 31 percent saying they do.
Among other findings in the survey:
Only 37 percent of Nevadans believe that the worst is over, compared to 50 percent who believed that in February of 2011 and 32 percent who believed that in May 2009.
Nevadans are also wary of increased taxes and government spending, with 64 percent saying there is still a lot of waste, fraud and abuse in the state budget. This same percentage says that increasing taxes and fees on businesses will result in additional job losses. Sixty-two percent say increasing taxes will harm efforts to diversify the economy.
Despite these views, 57 percent of Nevadans would rather raise taxes than cut spending if the alternative is cuts to education and health care, though an overwhelming majority of 71 percent would support a proposal to limit annual state government spending increases to the rate of economic growth in the state.
Public Opinion Strategies (POS) is a national Republican-oriented political and public affairs research firm founded in 1991.
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Audio clips:
Bryan Wachter, director of government affairs for RAN, says Nevadans are more pessimistic than they have been in a long time:
092011Wachter1 :15 we started polling.”
Wachter says earlier polls showed a bit more optimism from Nevadans, but not in the latest poll:
Public Meeting to be Held Regarding Guns in Nevada State Parks
By Nevada News Bureau Staff | 8:59 am September 20th, 2011The Nevada Division of State Parks will next month hold a public hearing on the Nevada Administrative Code’s (NAC) change of regulation to allow for the carrying of firearms in state parks.
The statutory changes were mandated in Assembly Bill 282, a pro-gun omnibus measure that passed with bipartisan support during the 2011 legislative session.
The Division proposes to amend NAC Chapter 407, Section 105 to remove prohibitions against possession of a firearm in state parks and to clarify prohibitive firearms discharge to specifically recognize the right to self-defense.
The public hearing will be held on Wednesday, October 12, from 3:00 to 5:00 p.m. in Carson City at the Richard Bryan Building, 901 S. Stewart Street on the 2nd Floor (Tahoe Hearing Room). The hearing will also be video-conferenced from the State Parks Southern Region office located at 4747 Vegas Drive in Las Vegas.
Nevada Receives $765,000 Federal Grant For Commercial Energy Retrofit Projects
By Nevada News Bureau Staff | 2:35 pm September 19th, 2011CARSON CITY – The state of Nevada has been approved for a U.S. Department of Energy (DOE) competitive grant to assist in energy retrofits across the state.
The grant will help commercial buildings develop energy efficient retrofit projects, making it easier for businesses, contractors and energy suppliers to undertake these efforts.
The $765,000 grant will be augmented with a $250,000 in-kind match from NV Energy.
“We are one of only five states to be awarded this grant and we should be encouraged about the fact that DOE feels confident that we can carry out the grant program successfully,” Gov. Brian Sandoval said. “Through this grant, we hope to provide a consistent set of resources and policies to develop a sustainable industry for contractors and energy professionals for the long-term, thereby creating jobs as the retrofits are accomplished.”
Nevada Energy Director Stacey Crowley said: “We have assembled a great team anchored by our office, UNR and NV Energy. We will work to address the importance of energy efficiency to add value to our state’s industries and accelerate economic development.”
Nevada Energy Director Stacey Crowley.
The team, which also includes the Nevada Association of Associated General Contractors and the Office of Economic Development, plans to address the challenge of increasing commercial building energy retrofits at two levels: by better aligning Nevada’s energy policy – particularly those aspects dealing with energy efficiency – and economic development policy; and addressing the specific financial barriers hindering energy efficiency upgrades in commercial buildings.
Sandoval Displaying ‘Hands-On’ Approach As Governor In First Eight Months On The Job
By Sean Whaley | 2:20 pm September 16th, 2011CARSON CITY – Brian Sandoval has made it clear in his first eight months on the job that he is going to be a “hands on” chief executive, as evidenced by decisions he has made to be personally involved on issues ranging from economic development to homeland security.
From personally making telephone calls to lure businesses to the state to deciding to serve as chairman of the Homeland Security Commission, Sandoval is not a governor who is stepping back to rely on staff or his cabinet to run the state.
“These are the times we’re in,” he said in an interview earlier this week. “And I am absolutely committed to spending all the time it takes to serve the people of the state of Nevada. And as I said it is a time to be engaged, to be working side-by-side with local governments and local elected officials.”
Gov. Brian Sandoval. / Nevada News Bureau file photo.
Many previous governors have opted to have their representatives serve on various panels, but Sandoval has gone the other way, choosing as well to serve as chairman of the newly constituted Board of Economic Development which will work to bring businesses and jobs to Nevada.
Sandoval said job creation and economic development was a campaign issue and a focus of his State of the State address and so serving as chairman of the new economic development board makes sense.
The governor is required to serve on the state Board of Transportation, but at its last meeting, Sandoval voted with other members to greatly expand oversight by the panel of the agency, moving to monthly meetings instead of quarterly and opting for much greater review of its activities.
Sandoval is busy in the public realm as well, for example attending multiple events on the 10th anniversary of the 9-11 attacks. He has also made it a point to attend Nevada National Guard deployments and the return of the troops from overseas at every opportunity.
Sandoval said his approach to the governorship is the same he has used in his many other positions, from his two terms in the Assembly in the 1990s, to his time as Nevada Attorney General, chairman of the Nevada Gaming Commission and as a U.S. District judge in Reno.
Retired state archivist and Carson City resident Guy Rocha said he has not been following Sandoval’s every move as governor, but noted that his style may be hearkening back to the late Gov. Mike O’Callaghan, another chief executive who was intimately involved in the day-to-day running of state government.
The governors in-between, from Bob List to Jim Gibbons, exhibited varying levels of involvement, he said.
“I haven’t been tracking Brian; I’ve heard a few things, that on the Board of Examiners he’s asking good questions – involved, that type of thing” Rocha said. “So if that’s the direction he’s going, then the template for that is Mike O’Callaghan, arguably.”
Sandoval said there are specific reasons for the actions he has taken to be involved in various areas of state government.
The decision by the Transportation Board is in no way a suggestion of a lack of confidence in the agency staff, but a realization the department authorizes millions of dollars in contracts and that more oversight was appropriate, he said.
“The board agreed with me that if we’re going to be a part of the management of that department then certainly we should have a say and the opportunity to review the contracts that are being entered into on behalf of the state,” Sandoval said.
Sandoval said he has always had an interest in homeland security issues dating back to his time as attorney general, and that the opportunity to interact with the sheriffs of Washoe and Clark counties, as well as other emergency response officials, makes his participation on the commission worthwhile.
“I thought it was incumbent on me as the governor to personally serve as the chairman so that again I have a first-hand knowledge of what is happening with regard to our homeland security efforts in the state of Nevada,” he said.
Bob Fisher, president and CEO of the Nevada Broadcasters Association and a member of the commission, in August praised Sandoval’s decision to serve on the panel, calling it “the best thing to happen to homeland security in the state of Nevada.”
Not everyone agrees.
Former Nevada Department of Public Safety Director Jerry Hafen under Gov. Jim Gibbons, who served on the commission, in a Sept. 9 interview on the Face to Face television program, said Sandoval took bad advice by serving as chairman.
“I think it was a mistake,” he said. “As the director of public safety I was a member of that commission. The current director of public safety doesn’t sit on the commission, the governor does. That’s bizarre.”
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Audio clips:
Gov. Brian Sandoval says it is a time to be engaged on critical issues facing the state:
091611Sandoval1 :15 local government officials.”
Sandoval says the Transportation Board agreed it needed more review over the agency:
091611Sandoval2 :11 of the state.”
Sandoval says it is important for him to serve as chairman of the Homeland Security Commission:
091611Sandoval3 :12 state of Nevada.”
Former state archivist Guy Rocha says the late Gov. Mike O’Callahgan was one of the most hands on governors in modern Nevada history:
091611Rocha1 :19 modern Nevada history.”
Rocha says O’Callaghan is the template for a hand’s on governor:
091611Rocha2 :22 Mike O’Callaghan, arguably.”
Sandoval Asks President to Help Ease Permitting Process for Mines
By Nevada News Bureau Staff | 1:48 pm September 16th, 2011Governor Brian Sandoval this morning sent a letter to President Obama asking for assistance in making changes at the federal level that could clear the way for new jobs in Nevada.
“This is my first request of President Obama since becoming Governor,” Sandoval noted in a press release. “I need his help to get Nevadans working again, and we have identified a very specific step he can take to spur job creation in our mining industry.”
Newmont's Twin Creeks Mine megapit / Photo by DD LaPointe (2006)
Sandoval’s letter asks the President to remove the requirement that all Federal Register notices dealing with the mining permitting process through the Bureau of Land Management (BLM) be approved through the U.S. Department of Interior (DOI) before they can be published in the Federal Register.
Sandoval noted that mine permitting is presently a multi-layer process that requires sequential approval by many different offices before a notice can be sent, which he said lengthens the timeline by many months and in some cases years.
In his letter, Sandoval noted that prior to 2001 BLM state offices had the authority to send notices directly to the Federal Register without prior review by Washington, D.C.
Text of the letter:
Dear Mr. President:
Like you, I am working to find new ways to create jobs and foster business growth in my state.
Nevada has the highest unemployment rate in the nation and I have recently learned the rate increased again during the month of August. I am writing to you today to ask for your assistance in making changes at the federal level that will specifically and almost immediately clear the way for job growth in my state, and perhaps several others.
The primary job-creation engine for rural Nevada is the hardrock mining industry. Mining companies provide thousands of good jobs for residents of Nevada, pay millions of dollars in tax revenues, and help support other parts of the State’s economy through purchases of equipment, supplies and mining-related services. Many mining companies are seeking to undertake new mining projects in Nevada and to expand existing projects. All of these efforts will add jobs and generate urgently needed tax revenues.
In order to conduct new mining operations or significantly expand existing operations on the public lands in Nevada, mining companies must obtain approvals from the Bureau of Land Management (BLM) and other federal agencies for their plans of operation. It has come to my attention that it now takes upwards of four to five years — and in some cases a dozen years — to fully and finally approve a plan of operations.
I have been in contact with Secretary Ken Salazar and BLM Director Bob Abbey about many of the issues related to this approval process, and they have been most helpful. However, based upon recent discussions with Nevada mining companies, suppliers, rural legislators, and community leaders, I believe there are certain actions you can take as President that will speed up one aspect of the permit process, without sacrificing environmental protection.
These include a cessation in the requirement that all Federal Register notices be approved in the Department of Interior’s (DOl) Washington, D.C. headquarters before being allowed to be published in the Federal Register.
Prior to 2001, BLM state offices had the authority to send notices required to be published in the Federal Register directly to the Federal Register without prior review by DOl’s Washington, D.C. headquarters. Items that could be sent directly by the state office to the Federal Register included Notices of Intent to prepare an EIS and Notices of Availability of an EIS. This system worked well, without any untoward effect on the environment. Early in the George W. Bush Administration, this policy was changed, requiring BLM state offices to send all Federal Register notices to Washington, D.C. for review and approval. This policy change has proven to cause significant and costly delays early in the approval process.
This particular Washington, D.C. review, simply to post notices in the Federal Register, is a multi-layer process, requiring approval sequentially by many different offices within DCI before a notice can be sent. This multi-step review process lengthens by many months, and in some cases years, the amount of time it takes to get a permit to begin a new mining operation, or to expand an existing operation, on public lands. I have been told by mining companies in my State that notices have languished in Washington, D.C. for well over a year, even though, at the end of the process, DOl’s Washington, D.C. headquarters makes no changes to the actual underlying documents, but merely approves the decisions that have already been made by those who are most able to make the right decisions (i.e., the BLM state offices).
In light of the inordinate delays caused by the multi-step headquarters review process, and its impact in stifling job creation, I urge that you direct DCI and BLM to allow state offices to send items directly to the Federal Register unless the state office believes, in its discretion, that Washington, D.C. review is needed. This single step, consistent with your — and my — stated desire to remove regulations that are overly burdensome for job-creating businesses, could be extremely beneficial to my state.
I stand ready to work alongside Secretary Salazar and Director Abbey on this endeavor. I have the greatest respect for both men and know they would respond to your leadership on this timely and important issue. Thank you for your consideration.
Sincere regards,
Brian Sandoval
Governor
Unemployment Rate Up Statewide
By Elizabeth Crum | 6:44 am September 16th, 2011The statewide unemployment rate has increased to 13.4 percent, up from 12.9 percent in July. In all, 176,200 people were out of work in August.
Bowery men waiting in bread line in New York City / Library of Congress photo
Unemployment in Las Vegas rose for the fourth straight month. the Department of Employment, Training and Rehabilitation (DETR) reported this morning. The jobless rate jumped to 14.2 percent in August, up from 14 percent in the prior month.
Bill Anderson, chief economist for DETR, said the market is not improving as well as many would hope.
“The market continues to experience flat employment readings and an increasing jobless rate,” said Anderson in a statement. “The good news is that dramatic job losses have subsided; unfortunately, it is not enough to consistently bring the unemployment rate down. The poor condition of the construction industry continues to contribute heavily to Nevada’s economic stalemate.”
Employment levels have dropped 0.2 percent statewide since the beginning of the year, for a loss of 2,000 jobs.
The DETR report also showed increases in the number of longer-term unemployed. In the 12 month period ending in August, workers without jobs for more than 26 weeks accounted for half of Nevada’s unemployed.
“The ramifications of extended joblessness for this segment of the workforce are potentially profound and long lasting,” Anderson stated. “When a person is out of work for a long period of time, skills and experience diminish, making it more difficult to find employment as time goes on.”
Nationally, the unemployment rate was 9.1 percent in August.
In Case You Missed It: This Week in Nevada Politics
By Elizabeth Crum | 10:07 am September 15th, 2011Here is my latest ICYMI installment with a nice round-up of snippets, blurbs and links, Dear Readers.
Presidential Race
This week, Gov. Sandoval endorsed Texas Gov. Rick Perry for governor.
On the eve of the CNN/Western Republican Leadership Conference presidential debate in Las Vegas next month, a national Democratic-aligned group will convene a summit here.
A CNN poll says the Republican Party is split right down the middle between tea party supporters and those who do not support the movement.
RNC chief Reince Priebus this week said there still time for other candidates to get in the GOP race.
2nd Congressional District
After an easy win on Tuesday, Mark Amodei took office this morning as the newest U.S. House member representing Nevada. The oath was administered by House Speaker John Boehner, R-Ohio. Amodei was sworn in along with Bob Turner, a Republican from New York who won his own special election.
The Nevada House delegation seniority, per @RollCall now goes as follows: Rep. Amodei is No. 433, Rep. JoeHeck is No. 382, and Rep. Berkley is No. 147.
A spokesman for Sharron Angle says she will be watching Nevada’s newest congressman closely.
Is a special election in Washoe County in September 2011 a national bellwether? Former Nevadan and Politico reporter Molly Ball says yes, but on the morning of the election Steve Sebelius disagreed and yesterday @RalstonFlash Tweeted the following:
Hey, Harbinger 2012 Caucus, some #s for you: NV voters NOT eligible for #nv02 special represent 65% of NV electorate. Breakdown: 46%D-32%R.
Translation: The 2nd congressional district does not represent or reflect state voter registration statistics, nor is a special election comparable to a regular/presidential year general election, so people shouldn’t read too much into Amodei’s 20-point win in the district and/or 10-point win in Washoe County.
Congressional Candidates Without Borders
State Sen. John Lee headed to D.C. this week to talk about his congressional candidacy with Sen. Harry Reid and other Democratic Party leaders.
U.S. Senate Race
The conversation continues re: Rep. Shelley Berkley’s advocacy for legislation that benefitted her husband’s medical practice (the original New York Times story is here). Jon Ralston penned a good column saying there are (at least) two ways to look at the situation.
And Berkley tells the LVRJ she now thinks she should have disclosed.
Miscellaneous
Gov. Sandoval wants to talk to Washoe and Clark Counties about their refund requests.
UNLV might go ahead with an arena project, sans taxpayer dollars.
The Nuclear Regulatory Commission is being asked for clarification on its recent ruling on Yucca Mountain.
Jane Ann Morrison wrote an interesting piece this week about the constitutional reasons for the “leap frogging” of Nevada’s high court judges as they take turns being Supreme Court chief.
Reid had a 20-minute Twitter town hall this week.
National Group Provides “How To” Guide To Reform Public Pension Plans
By Sean Whaley | 9:25 am September 15th, 2011CARSON CITY – As Nevada policy makers get set to examine the state’s public employee pension plan in advance of the 2013 legislative session, a new report from the Center for State and Local Government Excellence offers some timely advice on how other government agencies have accomplished the difficult task.
The study highlights how three states, one county and one city have reformed pension plans to make them more fiscally sustainable while still providing retirement security to their employees.
Questions about whether the nation’s public pension plans are properly funded are being raised because of concerns taxpayers will ultimately be on the hook to pay retirement benefits if the plans run out of money.
A 2010 study of state and local government pension funds identified Nevada as one of 19 states where “serious concerns” exist about the long-term health of the retirement plan.
“Strengthening State and Local Government Finances: Lessons for Negotiating Public Pension Plan Reforms” covers reforms implemented in Iowa, Oregon, Vermont, Gwinnett County, Ga., and Houston, Texas. It offers lessons for other reform-minded governments on plan funding and governance, the importance of using good data from experts, communication, and employee financial education.
Elizabeth Kellar, president and CEO of the center, said in a Wednesday telephone conference that states are making reforms to their retirement plans. According to the National Conference of State Legislatures, 25 states made significant revisions to at least one pension plan in the first six months of 2011. Thirty-nine states have made significant revisions to their pension plans in the past 18 months, she said.
Elizabeth Kellar, president and CEO of the Center for State and Local Government Excellence.
The Nevada Legislature made several modest reforms to PERS in the 2009 session, raising the retirement age from 60 to 62 for 10 years of service and reducing the amount of retirement credit per year of service, for new employees hired starting Jan. 1, 2010.
Despite the major reforms, the nation’s 126 largest public pension plans in the organization’s database have $2.7 trillion in assets, but $800 billion in unfunded liabilities as of 2010, Kellar said.
“This report gives some important lessons learned for places that are looking at significant reforms,” she said.
Gov. Brian Sandoval proposed major changes to the Public Employees Retirement System early on in the 2011 legislative session, recommending a switch from a full defined benefit plan where retirees are guaranteed a level of retirement income based on wages and years of service, to a hybrid that included a defined contribution element as well. The proposal, aimed only at new government employee hires, did not get introduced, however.
Instead, Sandoval and lawmakers agreed to conduct a complete analysis of PERS to generate the information they need to consider changes to the plan to reduce the $10 billion long-term unfunded liability. The study must include recommendations with actuarially-sound alternatives.
Sandoval has advocated for major changes to the retirement plan. Defenders of the current system, which covers virtually all state and local government workers, say it is well managed and no major changes are necessary.
Key findings in the Center for State and Local Government Excellence report include:
- Pensions should be viewed as part of a broader human resources strategy that can affect recruitment and retention.
- Policy makers need high quality data and analyses as they consider benefit changes.
- Strong communication with all stakeholders helps employees, elected officials, and the public understand the need for change.
- Discipline in funding a plan’s annual required contribution is important to achieve full funding.
- Workplace financial education will help public employees learn how to build their retirement savings.
Nevada’s required contributions, paid half by the government agency employer and half by the employee, have been fully paid into the system for the past many years. The rates are set by an independent consulting actuary and are required to be followed by the state Legislature.
Dana Bilyeu, executive officer of Nevada PERS, said she is encouraged by the key findings in the report, two of which she has been advocating for some time: that pensions should be viewed as part of a broader human resources strategy that can affect recruitment and retention and that it is important to fully fund a plan’s annual required contributions.
“NVPERS continues to see commitment to long term financing on the part of the employers and employees to fund the plan over the funding time horizon,” she said.
The Center for State and Local Government Excellence is a non-partisan, non-profit organization engaging in research to shed light on issues such as competitive employment practices, workforce development, pensions, retiree health security and financial planning.
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Audio clips:
Elizabeth Kellar, president and CEO of the Center for State and Local Government Excellence says the 126 largest public pension plans have an $800 billion long-term unfunded liability:
091411Kellar1 :17 0.8 trillion dollars.”
Kellar says the report has important lessons for policy makers who are looking at significant reforms to their public pension plans:
Governor, Legislative Leaders, Make Appointments To Economic Development Board
By Sean Whaley | 6:18 pm September 14th, 2011CARSON CITY – Gov. Brian Sandoval and legislative leaders today announced their appointments to the new Economic Development Board, which will focus on job creation and economic diversification.
Sandoval has appointed Rob Roy, CEO of Switch in Las Vegas, William Weidner with Gaming Asset Management, and Kathleen Drakulich, a lawyer with McDonald Carano Wilson.
Rob Roy, CEO of Switch in Las Vegas.
Assembly Speaker John Oceguera, D-Las Vegas, has appointed Heather Murren of the Nevada Cancer Institute. Senate Majority Leader Steven Horsford, D-Las Vegas, appointed Benjamin Yerushalmi with the Jewelers of Nevada and Senate Minority Leader Mike McGinness, R-Fallon, has appointed Sam Routson with Winnemucca Farms.
The new board was established by Assembly Bill 449, passed during the 2011 Legislative session with bipartisan support.
“The new Economic Development Board brings together individuals from across Nevada representing some of the economic sectors we will be targeting to help diversify our economy and help get Nevada working again,” Sandoval said.
William Weidner with Gaming Asset Management.
“We worked hard to create an entirely new and results-oriented economic development model through this legislation, and today we have taken another step that will deliver the results we need,” Oceguera said.
“These individuals represent some of the best and brightest minds in our state, from small businesses and large, and we are fortunate to have their expertise made available at this critical time,” Horsford said.
“Nevada has a rare opportunity with this legislation and the joint efforts of the Governor and the Legislature to make real changes in the way we help small businesses in our state grow and bring new employers here,” McGinness said.
Nevada’s Newest Congressman On His Way To Washington, DC For Swearing In Thursday
By Sean Whaley | 1:24 pm September 14th, 2011CARSON CITY – Nevada’s newest representative to Washington, DC was in the air today on his way east to be sworn in as the fourth person to serve in the 2nd Congressional District.
In an interview today before departing for his new job, former state Sen. Mark Amodei said he expects to be sworn into office Thursday and be casting votes the same day.
“My job now is to make all those 75,000 voters look like smart people,” he said of those who cast their ballots for him.
Newly elected Rep. Mark Amodei, R-Nev., at a debate last month. / Nevada News Bureau file photo.
Amodei handily won the Tuesday special election to replace Dean Heller, beating Democrat and state Treasurer Kate Marshall by more than 20 points.
Like Heller, appointed to the U.S. Senate by Gov. Brian Sandoval to replace John Ensgin, who resigned, Amodei is a Carson City resident. Amodei said he plans to fly home each week to keep in touch with his constituents.
“If you’re going to be effective you have to be in touch with the folks who gave you the job,” the Congressman-elect said.
Amodei said he will report to the House Speaker’s office at 8:30 a.m. Thursday and take the oath of office by about 10 a.m.
“We’re going to go back and get sworn in and start the stuff with staff and the office and just kind of get up to speed and operating,” he said. “There is a ton to do so I’m sure it will be a pretty fully employed . . . next couple of weeks.”
Despite leading in the polls up to election day, Amodei said he did not purchase his Southwest Airlines ticket to Washington until last night after returns showed him winning the open seat.
Amodei said it is humbling to win so much support from voters, including Washoe County, where Republicans don’t always do well in general elections. Amodei took the county by more than 7,000 votes over Marshall, a Reno resident.
Making reference to the other special house election, where Republican Bob Turner won in New York City in a district held by Democrats for decades, Amodei said the GOP victories could help foster more cooperation in Congress.
“I think the overall message is, people are tired of what’s been going on the last few years, so let’s figure out where we need to go that makes some sense that hasn’t been tried and failed,” he said.
Land use regulations are the major issue facing Nevada and the residents of the district, Amodei said.
“I’m looking forward to going over to the Department of Interior before the end of the week and introducing myself to the BLM (Bureau of Land Management) folks and just saying, hey, you know what, we have a lot of work to do in Nevada,” Amodei said. “I’m not impugning anybody’s work product but the time frames absolutely, positively have to change.”
Eighty-seven percent of Nevada is under the control of various federal agencies. The BLM controls 67 percent of the state alone.
“You just can’t take years to make decisions when the economy is in the shape it’s in,” he said. “I mean make whatever decision you think is appropriate. But this slow play stuff which is a de facto shut down of land use in Nevada; that’s priority No. 1 for me.”
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Audio clips:
Newly elected Rep. Mark Amodei, R-Nev., says it will be a busy fall for him in his new job:
091411Amodei1 :21 couple of weeks.”
Amodei says voters are tired of the failures of those in Washington to solve the nation’s problems:
091411Amodei2 :11 and failed, so.”
Amodei says he will meet with the BLM to tell them the regulatory process needs to be streamlined:
Amodei says the current process is a de facto shut down of land use in Nevada:
GOP Former State Senator Mark Amodei Easily Wins 2nd Congressional District Special Election
By Sean Whaley | 9:32 pm September 13th, 2011CARSON CITY – The results of the vote in the special election in the 2nd Congressional District went the way that most pundits had predicted: Republican and former state Sen. Mark Amodei will assume the seat vacated with the appointment of Dean Heller to the U.S. Senate.
Amodei jumped out in front with more than 60 percent of the vote when the first results were posted from around the state, and the wide margin between the former Nevada State Republican Party chief and Democrat Treasurer Kate Marshall declined only marginally. Later results showed Amodei leading by 57 percent to 38 percent for Marshall, of Reno.
Former state Sen. Mark Amodei won the 2nd Congressional District special election Tuesday.
The 2nd Congressional District seat, held exclusively by Republicans since it was created in 1981, will remain in GOP control.
Marshall called to congratulate Amodei just after 9 p.m.
Heller said in a statement: “I want to congratulate Mark Amodei on his victory this evening. As our state continues to struggle in this difficult economy, Mark will be a strong voice in the halls of Congress to help place our nation back on track and get Nevadans working again. I know he will serve our great state with distinction.”
Nevada State Democratic Party Chair Roberta Lange said in a statement: “Kate Marshall fought tirelessly to win a special election in a heavily Republican district that no Democrat has ever won. While we are obviously disappointed in tonight’s results, Kate Marshall will continue to serve Nevada well as state Treasurer. We look forward to electing Democrats in the upcoming general election across the state to fight to get Nevadans back to work and protect Nevada seniors from Washington Republicans who are trying to kill Medicare by turning it over to private insurance companies.”
The district, with a wide margin of Republican voters over Democrats, required a special election when Gov. Brian Sandoval appointed incumbent Heller to the Senate to replace GOP Sen. John Ensign, who resigned.
The contest began with a crowded field as Democrat Secretary of State Ross Miller said the race would be open to all comers in a “ballot royale.” But the state Supreme Court rejected Miller’s argument for a wide-open race, saying both major parties had the right to pick their candidates.
Political observers saw the wide open race as one that would favor Democrats by splitting the Republican vote.
With the court ruling creating a two major party candidate race, however, Republicans were favored to keep the seat. Also running were Independent American Party candidate Tim Fasano and independent Helmuth Lehmann, both of whom were pulling in the low single digits.
With Amodei’s win, the seat will remain in the hands of a Carson City resident. Heller is also a capital city resident.
The district encompasses 16 of Nevada’s 17 counties and a small part of Clark County.
The district has a more than 30,000 Republican voter edge, but there are also more than 60,000 independent voters.
Amodei’s win won’t mean a rest from campaigning. He will have to run for a full term in the 2012 election.
