"T Word" Fireworks

With today being the deadline for most bills to pass their originating houses in the Nevada Legislature, reality is setting in for legislators whose bills don't seem to have the votes to survive tonight. And with the deadline for the Legislature to act on The Education Initiative (aka IP 1) long gone, any legislators who were hoping to craft a competing tax reform initiative have had to relinquish their fantasies. Well, that is, any legislators not named Michael Roberson (R-Henderson) have had to.

Never mind that the law may not agree with Senator Roberson. And never mind that the politics certainly don't seem to agree with him. Despite the many legal & political obstacles Senator Roberson and his IP 1 alternative mining tax face, he still refuses to give it up.

In fact, he's pressing on with it. He's releasing details of his IP 1 alternative tomorrow. And it's already developed a bipartisan consensus. Unfortunately for Roberson, it's increasingly looking like a strong bipartisan consensus of opposition to his tax plan.

In a letter sent to each senator Tuesday, Roberson invited Democrats and critical Republicans alike to provide input on the details of his proposed mining tax.

"It is my sincere hope that this legislation will be bipartisan in nature and that we put politics aside and collectively do what is right for the children of our state," Roberson wrote in the letter. [...]

"We don't do industry-specific taxes," said Sen. Barbara Cegavske, R-Las Vegas, an early opponent of Roberson's effort. "I know he's using one of his emergency measures for this, but I don't know what the point is. Leadership isn't going to let it pass. It's not going to get a hearing." [...]

"I want a bipartisan proposal that happens this legislative session that produces more funding for this school year," said Sen. Debbie Smith, D-Reno, who hadn't yet seen the letter that was sent to her office this afternoon.

"I'm not really amenable to doing an alternative," said Denis. "However, I want to be open, and I've committed to meeting with him," he said, noting he has an appointment with Roberson tomorrow.

Yikes. This isn't looking good for Senator Roberson. After all, this has been his "brilliant" plan to defeat IP 1. Instead, it just looks like Education Initiative supporters have the better chance of securing the last laugh while Roberson's mining tax alternative dies in the crossfire of convoluted Carson City politics.

Last week, Senator Debbie Smith wasn't buying Governor Brian Sandoval's (R-Denial) line of BS over "The Sunset Taxes". This week, she's reading Roberson. Can he really survive amidst all that shade?

And on top of that, Roberson continues to run into trouble with his own party. Good luck with Governor Sandoval. And good luck with Sharron Angle.

So expect fireworks this week... But I have a feeling Senator Roberson may not appreciate this fireworks show.

Sunrise, Sunset

This morning at the Nevada Legislature, a few Nevada Senators were asking a critical question. Why is the state continuing this silly kabuki theater that we now know as "The Sunset Taxes"? Why place an arbitrary expiration date on something that hardly any one actually wants to expire?

Democrats on the Senate Finance Committee are questioning why the state keeps extending taxes that are set to expire instead of just making them permanent.

The question was raised Monday as the panel considered SB475, a bill authorizing a continuance of taxes that should have expired two years ago.

Lawmakers in 2011 agreed to extend the sunset on those levies through June 30 of this year.

SB 475 is the bill addressing "The Sunset Taxes". But again, the bill only extends them for another two years. At the Senate Finance Committee hearing this morning, Ralston caught this telling moment of truth from Senator Debbie Smith (D-Sparks).

RalstonReports: Now @sendebbiesmith points out how loony it is to keep extending taxes set to expire. Yes, either repeal or make permanent. #nvleg

This isn't quite the revenue reality check I was hoping for, but at least it's now happening. Nevada needs revenue for a functioning state government. And right now, the current "Sunset" kabuki theater just isn't working.

Right now, Governor Brian Sandoval (R) and his right-hand people are engaged in a semantics argument with the "tea party" over whether an extension of "The Sunset Taxes" really constitutes a "tax increase". Does it really matter? Again, why is Governor Sandoval even insisting on this arbitrary expiration date to them, especially when he's so afraid of touching anything else "T Word" related?

And that leads us to the bigger problem. Remember how we resulted in this in the first place? In 2009, the late Senator Bill Raggio (R-Reno) wanted "The Sunsets" so he'd have another convenient bargaining chip handy in 2011. Then when he was no longer in Carson City in 2011, Governor Sandoval rather conveniently brought them back when the Nevada Supreme Court forced his hand on the state budget.

Long story short: This is yet another fiscal gimmick. And really, can Nevada afford any more silly, nonsensical fiscal gimmickry? Think about that.

And think about what we discussed back in May 2011.

At some point, the kabuki theater must end. As Mr. Gleaner so eloquently explained this morning, most Nevadans don't give a rat's ass if Sandoval and most legislators grab hands and sing kumbaya over a pile of horse manure. The fact of the matter is that our schools are still grossly underfunded, the rest of our public infrastructure is still woefully inadequate, and our state still needs real long-term solutions for real, sustainable success.

Fast forward to 2013. We've seen bickering over pennies. And we've seen shouting over the definition of "rejection". Now, we just need some real action on revenue. And yes, that means we need another "T Word Reality Check" in Carson City.

If only we can see that continually "sunrise"...

What's He Hiding?

So far this fall, Governor Brian Sandoval (R-Mystery) has been quite elusive. Last month, he missed the Republican Governors' Association conference... In his own state! He still has yet to announce whether he will agree to fully implement the Affordable Care Act by expanding Medicaid. And he has yet to fully weigh in on the brewing brouhaha over election reform and driver's licenses for undocumented immigrants.

Perhaps we should expect this from a Governor who probably has his eyes on the prize of national prominence and an even higher level of political prestige. However, no one should ever expect this. So what's he hiding?

Gov. Brian Sandoval's administration is keeping secret millions of dollars in spending requests submitted by state agencies for the next two years, breaking precedent set by prior administrations and possibly violating state law, legislators suggested.

Indeed, even Sandoval held to the practice two years ago, submitting the so-called “items for special consideration” to lawmakers and the public well before releasing his final recommended budget to the Legislature in January.

This year, however, Sandoval has elected to publicly release only the agency requests that fit within strict caps he issued as part of his budget instructions, and not what agencies said they needed to properly operate. [...]

“I think legislators and the public should know what the requests are from agencies, what the real needs are,” said Sen. Debbie Smith, D-Sparks, the chair of the Senate Finance Committee. “It puts our staff, and ultimately legislators, at a severe disadvantage to not have that information.”

And it's not just Democrats in Carson City asking this. Even some Republicans are wondering what's going on. The details in the Governor's budget proposal are almost certain to answer the question of what he intends to do regarding the ACA & Medicaid expansion. And one Senate Republican is clamoring to see for himself what's in there.

Sen. Ben Kieckhefer, R-Reno, referred to the possible expansion of Medicaid, the state health insurance for the poor. It’s a provision under the Affordable Care Act which the U.S. Supreme Court said could be optional for states, and a decision Sandoval is still weighing.

“My concern is this: Medicaid expansion has been penciled out, calculated, but if it’s not part of the governor’s budget, (that information) would not be public?” Kieckhefer said. “I have a problem with that.”

And since Ben Kieckhefer tends to be a solid Sandoval ally in the Legislature, that makes his call for more transparency from Sandoval all the more attention grabbing.

Kudos to Elizabeth Crum for reminding everyone of this. What Brian Sandoval is doing is likely illegal. Nevada's public records law (NRS 239) requires disclosure of the executive branch's budget requests. And NRS 353 details what the executive branch is supposed to do when filing budget requests.

1. On or before October 15 of each even-numbered year, the Chief shall provide to the Fiscal Analysis Division of the Legislative Counsel Bureau:

(a) Computerized budget files containing the actual data regarding revenues and expenditures for the previous year;
(b) The work programs for the current year; and
(c) Each agency’s requested budget for the next 2 fiscal years.

So what's he hiding? The Sun's David McGrath Schwartz speculates that what's hidden may be items as banal as new computers and cars for state agencies in desperate need of them. So if that's the case, why be so secretive about it? And why hide details on even more important matters, like health care to many thousands of Nevadans, aid to military veterans, and funding for public education?

What's he hiding? Why is Brian Sandoval playing fast and loose with state law to keep his budget a secret? Why won't he let legislators or the public see these funding requests? All he's doing is confirming the worst assumptions Nevadans have about their state government, which is that it's thoroughly corrupt and stubbornly unresponsive to the demands of the public. If Sandoval wants to change that perception, then he needs to come clean.

#NVLeg: Halseth's Gone & Leslie's Moved On... What's Next?

I'm quite sure I know what you're thinking. Now that Elizabeth Halseth is out, what happens next in Senate District 9 in Southern Nevada? Let me do my best to explain what's to come.

First, we have filing. And from what I've heard, it's too late for anyone currently living outside the new district boundaries to move in and campaign here. SD 9 has now been compacted to just the Southwest Vegas suburbs of Summerlin South (south of Red Rock Country Club), the western edge of Spring Valley, and the Enterprise communities of Mountain's Edge, Rhodes Ranch, and Southern Highlands. Sorry, aspiring carpetbaggers.

And so far, everything I heard Friday afternoon still stands. The new district boundaries will indeed be used in the special election, and the SD 9 special election will follow the same schedule as the other regularly scheduled Legislature elections. This means filing will be open until March 16, then the primary will occur on June 12. And of course, this also means SD 9 will ultimately be decided in the general election on November 6.

And so far, the same schedule looks to be in place for the Senate District 13 special election in Northern Nevada triggered by Sheila Leslie's big move to Senate District 15. The new SD 13 (formerly Washoe Senate 1) contains mostly the urban core of Reno and Sparks, while the new SD 15 (formerly Washoe Senate 3) takes in a large portion of Western Washoe County from White Lake to Sun Valley to Northwest Reno to Mount Rose.

Now that Sheila Leslie will be running in SD 15, Assembly Speaker Pro Tem Debbie Smith (D-Sparks) announced yesterday that she will run to fill the vacancy in SD 13.

“Northern Nevadans need strong representatives they can count on to get the job done,” Smith said in a statement. “While I believe there are some very promising signs that things are beginning to get better in our state, we have a long way to go. I am running for the state Senate to continue fighting for a better education system, a healthier economy, and a more efficient and effective government for Nevada. After spending the past few days talking with family, friends and community members, I feel this is the right decision at the right time.”

Leslie resigned her Senate Distrct 1 seat effective immediately Wednesday and plans to run against state Sen. Greg Brower, R-Reno, in Senate District 15.

District 1, which encompasses portions of Reno and Sparks, becomes District 13 in this election cycle after redistricting. The district has a solid Democratic edge in registered voters, about 18 percent. Leslie won election by 30 points in 2010, and former state Sen. Bernice Mathews, D-Reno, held the seat for 16 years before term limits ended her legislative career.

Now as the RGJ article quoted above states, not too much is really at stake in SD 13. It's still a heavily Democratic district. And as long as no other strong Democrat emerges to challenge Debbie Smith in the primary, then expect to see Senator Debbie Smith (D-Sparks) making waves in the next legislative session (next year).

No, the real battle will be farther west in SD 15. And down south, SD 9 will join SD 5 (Henderson-Green Valley), SD 6 (Las Vegas-Summerlin), and SD 18 (Northwest Las Vegas) in determining control of the Nevada State Senate. If Republicans win at least 4 of these 5 seats, then they take over the Senate. But if Democrats manage to sweep all 5 of these races, then Nevada Dems will finally reach the magic 2/3 number to secure a veto-proof supermajority and relegate Michael Roberson (and his extreme "tea party" agenda) to the sidelines.

This is why Roberson is so scared now. And this is why the "big bid'ness" establishment will be forking out big checks to the likes of Greg Brower and Steve Kirk (a GOP candidate in SD 5). Again, as we've been saying here for a while (and Jon Ralston has admitted on Twitter), Republican hopes of flipping the Senate have diminished greatly in the last 100 hours. However, they still intend to go all in for the #NVLeg campaign just for the sake of saving enough seats to obstruct any kind of progressive agenda in the 77th session.

So perhaps more so than ever before, the Legislature campaigns of 2012 will really matter. If one wants to fix the broken and outdated tax structure straight out of the 19th century, fully fund public education, improve our state's health care system, rebuild the rest of our state's public infrastructure, and properly invest in the kind of job creation that will benefit our economy for many generations to come, the choice will be crystal clear. And thanks to both redistricting last year and the major developments of the past week, we may actually have a unique and unprecedented opportunity to change the dynamics of Carson City for the better. So remember not to "stop at the top"... Keep going down that ballot and vote for progress.