Ready for Change?

Wasn't this supposed to be solved already? Back in January, US Senate Majority Leader Harry Reid (D) secured a "gentlemen's agreement" with Senate Minority Leader Mitch McConnell (R-Kentucky) to make some minor tweaks to the Senate's filibuster policy. Supposedly, it was about to improve the Senate's ability to pass legislation.

Yet since then, we've only seen more filibusters and even more Congressional gridlock. And with gun safety legislation, along with comprehensive immigration reform, judicial nominations, and more federal budget debate, coming very soon, even more filibusters are being threatened. Oh, yikes.

So now, Senator Reid is threatening to blow up the January "gentlemen's agreement". After all, is this kind of behavior really "gentleman like"?

“All within the sound of my voice — including my Democratic senators and the Republican senators who I serve with — should understand that we as a body have the power on any given day to change the rules with a simple majority,” Reid told Nevada Public Radio in a little-noticed interview Friday. “And I will do that if necessary.”

Reid said he had recently spoken with Sen. Chuck Schumer (D-NY) and President Obama to review their options, and then issued his ultimatum to Republicans: stop your relentless filibusters or the Democratic majority will strip away your power to do so.

“I’m a very patient man,” he said. “We made changes but the time will tell whether they’re big enough. I’m going to wait and build a case. If the Republicans in the Senate don’t start approving some judges, and don’t start helping get some of these nominations done, then we’re going to have to take more action.”

The remarks — which come ahead of a confirmation hearing for Obama’s latest nominee to the D.C. Circuit Court of Appeals, Sri Srinivasan — represent Reid’s most pointed threat to revisit filibuster reform after the modest rules change enacted in January that preserved the 60-vote threshold. Contrary to a popular misconception, Senate leadership has the power to change the rules in the middle of a congressional session with a bare majority of votes.

On Friday, Senator Reid called into KNPR's "State of Nevada" and made his case. He especially seemed exasperated over recent economic troubles. So he finally declared his interest in real filibuster reform.

So will it finally happen? Steve Benen and Greg Sargent expressed doubt earlier this morning.

As we talked about a few weeks ago, what have we seen from the Senate since the deal? The first-ever filibuster of a cabinet nominee, a filibuster of a CIA nominee, and multiple threats of a filibuster against the Labor Secretary nominee. Republicans have filibustered judicial nominees they don't like and judicial nominees they do like. GOP senators have promised to use filibusters to stop the Obama administration from enforcing the law as it relates to the Consumer Financial Protection Bureau, and to stop the president's nominee to lead the ATF and the EPA. All of this is represents a level of abuse without precedent.

And so, as he's done before, Reid is suggesting he's open to more ambitious reforms, and on Friday, was a little more explicit on this point than he's been since January. [...]

I have no idea what Reid has in mind. His use of the phrase "build a case," struck me as interesting -- perhaps the Majority Leader is creating a lengthy indictment, and is racking up examples for later use -- but I can't say with confidence that it will lead to anything specific.

But Greg's absolutely right about the importance of follow-through -- if Reid's threats amount to warnings, urging Republicans to reconsider their abusive tactics before they force Democrats' hands, then the Majority Leader's recent rhetoric makes sense. But if he's not prepared to give the "nuclear option" a serious look, Reid really needs to stop suggesting it's on the table.

Personally, I think it's more complicated than what Greg Sargent thinks. As we've discussed before, Senator Reid is very much an institutionalist. He believes in the institution of the US Senate. And he doesn't want to do anything to undermine the reputation and the collegiality of the Senate.

It's been taking Senator Reid some time to realize that the collegiality is long gone, especially now that the "tea party" has strengthened its grip of the Republican Party. He's had to learn the long and hard way, but I suspect he has indeed been learning this lesson. Senator Reid perhaps hoped for one more chance to fix the gridlock "the easy way" in January, but that's clearly not working. So maybe he's finally ready for real change.

Whatever the case, the nation is ready for real change. Even though the American people long ago reached broad consensus on matters like infrastructure investment, social safety net preservation, immigration reform, and even gun safety reform, hardly anything can move in the US Senate because of the filibuster. It may finally be time for a change. Is Harry Reid finally ready to make it?

Mining for Reality

I know we keep talking about this. But hey, we're talking about it because this is important. And we're talking about it now because we need to cut through the spin and find some reality.

So let's briefly talk about what went down on KNPR just moments ago. Of course, Senate Minority Leader Michael Roberson (R-Metamorphosis?) jousted with Nevada Mining Association President Tim Crowley on SJR 15 and Roberson's controversial IP 1 mining tax alternative. Crowley kept trying to deny reality, while Roberson was tooting his own horn as he was ripping into Crowley's attacks on his mining tax proposal.

Today's "State of Nevada" was fiery... But what if it was ultimately just Sturm und Drang? As we discussed last Thursday, there's a strong possibility that the clock has simply run out on Roberson's IP 1 alternative because the Legislature did not actually vote on IP 1. As Nevada's hottest new legal blogger Sean McDonald/Amicus Nevada explained, legislators must actually reject a people's initiative in an actual floor vote before they can propose an alternative initiative. While the Legislative Counsel Bureau (LCB) and Steve Sebelius disagree, it's increasingly looking like the consensus view is that Roberson is standing on the legal equivalent of quicksand with his IP 1 alternative.



So where does that leave the debate on mining taxation? Actually, that brings us back to SJR 15. It already passed #NVLeg once. And there's no legal fight surrounding it. Yes, all SJR 15 does is remove the mining industry's tax rate (and exemptions) from the Nevada Constitution. Yet that alone can make a world of difference.



Tim Crowley claims SJR 15 will do away with any mining tax. That's only possible if the mining industry goes to court and wins a law suit. Is that what the mining industry wants to do?



What's more likely is that multinational mining corporations will be forced to pay something closer to their fair share because their tax rate & exemptions are no longer written into the Nevada Constitution. That's why the mining industry is fighting SJR 15 tooth and nail.



The real reason the current mining tax structure was instituted in 1989 was because the mining industry refused to pay a severance tax. Imagine if #NVLeg was considering a gold severance tax similar to the oil severance tax proposals being considered in California and Ohio. But alas, that's not happening. Instead, certain legislators are discussing placing an increase in the net proceeds tax onto next year's ballot to compete against The Education Initiative. And at this point, it will likely soon prove to be fool's gold (as it may no longer be legally feasible).



But you know what's still here? SJR 15. It's just waiting for a second round of approval so it can go to voters in 2014. It won't compete against The Education Initiative, so no worries there. And if passed by voters next year, SJR 15 will finally give legislators the flexibility they need to properly set mining taxes. If Michael Roberson still feels strongly about raising the net proceeds tax, he can introduce one then.



Remember that former State Senators Sheila Leslie (D-Reno) & Steven Horsford (D-North Las Vegas) introduced SJR 15 back in 2011. It wasn't until this month that Michael Roberson suddenly embraced mining tax reform as "his cause". And the mining industry has enjoyed the current lax system of nearly no taxation since 1989. Keep all of this in mind as we keep digging past the kabuki theater to uncover reality.

Has Southern Nevada Been Shortchanged?

Today, KNPR's "State of Nevada" touched the issues that are always on our minds... Even if it sometimes feels like they are never really part of our agenda:

- Are we really investing too little in public education?

- Just how over-dependent are we on tourism?

- What must we do to diversify our economy?

Oh yes, and...

- Considering Clark County pays for over 80% of the State of Nevada's budget and is home to over 70% of the state's population, do we really get our state tax dollars' worth?

Last November, UNLV Brookings Mountain West released this paper discussing the challenges that lie ahead for Nevada's economy. But as usual, after about 24 hours of pointing out its existence, this was quickly forgotten. It seemed like that was regularly the case throughout 2011, despite the growing mountain of evidence showing Nevada must change in order to survive in the 21st century. And already one month into 2012, the Nevada Cancer Institute is being swallowed up by a CALIFORNIA college, and hardly anyone raises an eyebrow.

How many more times must reality bite us in the ass before we realize our collective Nevadan ass is bleeding so profusely that our underwear is being dyed red?

In case you missed it last week, I want to show you what Desert Beacon wrote last week that explains Nevada's economic conundrum in a nutshell. We've been underfunding higher education for far too long, and this problem only continues to worsen as we continue to force UNLV and UNR to cut investment even more. Yet when we look at our most promising areas for economic growth, they're areas that require an educated workforce. We have plenty of growth potential in high tech (especially when it comes to green technology), as well as in biotech & medical research, but we're cutting the very programs at our institutions of higher learning that could give us a much needed leg up in these sectors.

Just last week, The Sun posted an article detailing how UNLV has lost both faculty and students in the last three years "thanks" to state budget cuts. How much more of this can we handle?

I've said it before, and I'll say it again: Tourism alone can no longer save us.

What makes this even worse is that over many years and many legislative sessions, "the powers that be" in this state have mostly looked the other way despite all the growing evidence pointing to these serious problems. "The Great 2000s Real Estate Bubble" was always doomed to burst, but hardly anyone in Carson City wanted to talk about how to get past it until it was too late. Of course, they probably didn't want to talk about it because the bulk of the state's budget was built upon the bubble, and that everything from fire stations in Tonopah to community centers in Eureka to freeway projects in and around Reno depended on tourist dollars from the Las Vegas Strip. And even as the state had been able to fund some public infrastructure in Central and Northern Nevada thanks to "bubble" money from the last decade, Clark County still lacks sufficient higher ed opportunities at UNLV, sufficient health care, and plenty other areas of infrastructure that are critical to a successful community. Strangely enough, money from the primary economic engine of Nevada (Clark County) hasn't been used to properly maintain that engine. And because that engine has been neglected, the entire vehicle (Nevada) is in trouble.

And this brings us back to Dr. Robert Lang's segment on KNPR's "State of Nevada" this morning. The typical "powers that be" in Carson City have failed the entire state, but especially Southern Nevada has been neglected, and that's ultimately been to the detriment of everyone in Nevada. As this election season heats up and we eventually hear candidates talk about what they want to do in Carson City next year, we need to make sure that they follow through on their promises once elected, and that they finally stop avoiding what has to be done to heal our state and let Las Vegas become more self-sufficient.

Foodie Thoughts: Fleur de Lys Closing, "Top Chef Masters" Fallout, & Everything Is California's Fault

Everything is California's fault. Everything, I tell you. F*CK YOU, CALIFORNIA!

If you follow ELV on Facebook, you know that a week ago he reported that Hubert Keller’s Fleur de Lys in Mandalay Bay will close in August, to re-open before the end of the year as a casual, small plates, world tapas bar concept.

The good news is: Hubert Keller (and his chefs and crew) will still be running the new restaurant, and are actively working on said concept and menu as we write this. [...]

The bad news is: This closing is yet another step in the dumbing down of Vegas restaurants — to fit a clientele who doesn’t want to pay for anything more elaborate than burgers, sliders, pizzas, and (god help us) more mediocre sushi. The creeping California casualization of American dining continues, and we fear this relentless trend towards small plates and grazing platters, represents a step away from quality and bodes ill for the future of good restaurants in our humble burg.

OK, let me put aside the Kleenex and bon bons to regain my composure. Deep breath, deep breath...

OK, I can speak again. I can understand Mr. ELV's frustration. Fleur de Lys was one of our more underappreciated fine dining gems. And did I mention Hubert Keller is a culinary god?

But hey, even culinary gods can only swim against the trend current for so long. While fine dining is far from dead and moiself will never stop stimulating the economy via the occasional outrageous food splurges, the fact of the matter is that many diners these days are foregoing the traditional fine dining experience for gastropubs, tapas houses, burger joints, and sushi dens. And foodie genius that he is, Hubert Keller saw this coming and decided to go with the flow rather than risk losing it all by keeping Fleur de Lys as is. And with the Mandalay Bay complex already served by the uber-chic Mix and lovely French-American Aureole, they pretty much had their "Fussified Frenchie Food" covered.

It's sad to see Fleur de Lys closing, but I intend to keep an open mind and see what becomes of Keller's new tapas concept.

And speaking of Mandalay Bay, everyone is still talking about the "Top Chef Masters" season finale. Was Jay Rayner being a dick? IMHO, yes. Is cooking and eating sustainably tough? Absolutely. But is it worth it? I think so. And is Rick Moonen doing what he can to practice what he preaches? IMHO, yes.

Again, it's all California's fault. Wait, so Jay Rayner is from Britain? Oh, OK. F*CK THEM! ;-)

And WTF is this sh*t? Oh, it's at Las Vegas Club. That explains it all.

The slogan on the front is "You catch 'em, we cook 'em," but good luck. The price of $2 per play isn't bad if you manage to grab one of the poor unsuspecting creatures within thirty seconds of depositing your cash and manipulating the claw, but unfortunately their are no consolation prizes (I was thinking a shrimp would be nice) and based on what an employee says in this local video, not many people win. If we hadn't just eaten and if the lobsters had been larger, I might have played, yet there was still something unsettling about it. If monkfish is referred to as the 'poor man's lobster,' then the crustaceans in The Lobster Zone must be the 'cheap, drunk Vegas tourist's lobster,' because I'm not sure who else would actually attempt catch one. I suppose it gets one closer to catching their own food than they otherwise would be, but when neither the animal nor hunter have much of a chance of winning, it just seems cruel for everyone involved. Anyhow, if you're really on a budget give it a whirl, and let me know how it goes. My bet, however, is that you're better of going to Red Lobster for the money, where you're also rewarded with delicious free cheddar biscuits!

If something is so bad that one praises Red Lobster for f*ck's sake, it's that f*cking bad. FAIL!

But this is NOT fail, kids. Our BFF Mike D from Tasting Las Vegas, along with Jillian from Frugal Foodie, made the big leagues when they were featured on KNPR's "State of Nevada" on Friday, when Mr. ELV and Mr. Max do their occasional delicious Friday (not really) hostile takeover of the show. It's good to see the food bloggers in this town get the recognition they deserve.

And finally, both Mr. ELV and Sage (Shawn McClain's ab fab restaurant at Aria) get the national recognition they deserve. Well, at least some things are still working out nicely in this town.

OK, I felt the need to catch up on all I've been missing since I left town. And did I mention everything is always California's fault? I need to get me out of this gawddamned hellhole. ;-)

No Surprise: Rory Reid Likely to Run for Governor

I'm listening to KNPR's "State of Nevada" right now. Today's special guest is Clark County Commissioner Rory Reid (D).

For the first few minutes, he and "State of Nevada" host Dave Berns were talking about various Clark County issues. And thankfully, Reid, Jr., declined to endorse a bailout of the boondoggle "Las Vegas Monorail" when asked about transit issues and instead endorsed a possible light rail line along the old Union Pacific right-of-way from Henderson to Downtown Las Vegas. He also explained his proposal for a citizen task force to determine what needs to be done to "fix Clark County government".

Oh yeah, and did I forget to mention that Rory Reid will most likely run for Governor? He didn't just say it, but he dropped enough hints that this is what he wants to do. He disputed the rumor that "two Reids on the same ballot won't help either one". He also said that change in Washington isn't enough, and how we now need to change Carson City.

So far, Reid's still mostly talking about Las Vegas/Clark County issues. I'll provide another update here if he provides some answers to questions on statewide issues. Oh yes, and I'll post an audio link as soon as it's up on the KNPR web site.