SB 303 Signed into Law As Congress Drags Along on #cir

Earlier this week, the Assembly passed SB 303. The Senate had already passed the bill earlier this month. And now, it's becoming state law.

A bill allowing people in the country illegally to obtain driving privilege cards in Nevada has been signed into law by Republican Gov. Brian Sandoval.

When the cards become available Jan. 1, Nevada will join four other states providing a way for immigrants to legally drive on state roadways and obtain insurance.

Nevada’s first Hispanic governor signed SB303 on Friday. He was surrounded by legislative leaders and others who have championed the bill.

Sandoval called it an “historic day” in Nevada. Democratic Senate Majority Leader [Mo Denis (D-North Las Vegas)] fought back tears as the bill was signed.

As we've discussed before, this is a historic achievement. Finally, people who have been living here and otherwise abiding by the law won't just be stopped and arrested because of how much personal documentation they have. And Nevada is at least taking some action on providing documentation to undocumeted immigrants who are still waiting for Congress to act.

Oh, yes. That's right. We're still waiting on Congress... And particularly on US Senator Dean Heller (R-46%).

The left-leaning Center for American Progress did a state-by-state analysis of the estimated economic impact of passing the immigration reform legislation. In Nevada, the organization estimated there were 190,000 immigrants in the state without legal status. Over 10 years, the legalization of the population would generate $534 million in tax revenue and a $17.9 billion increase in gross state product.

Also, more than 100 economists signed on to a May 23 letter to the Senate and House leadership supporting immigration reform, arguing the net impact would be economic growth. The letter was spearheaded by the right-leaning American Action Forum, and the signatories are identified as "conservative" economists.

While [US Senate Majority Leader Harry] Reid [D-Searchlight, & Don't You Forget It] is a strong supporter of the legislation, Sen. Dean Heller recently penned an op-ed for the Las Vegas Review-Journal in which he called for bipartisan work to pass reform and lauded the course set in the Senate while stopping short of fully backing the bill as it stands. [...]

Some pro-reform advocates have hope Heller will endorse the bill well before any vote on the Senate floor, possibly swaying other Republicans on the fence. The Sun's Karoun Demirjian reported last week that Heller was not biting, for now.

The full Senate is expected to take up the immigration reform in early June after addressing the farm bill, while the House of Representatives has its own "gang" of bipartisan legislators working on a proposal. The House plan is expected to be unveiled next week.

As we've discussed before, Nevada and other states have been trying to fill the void left by the federal government's past inability to implement comprehensive immigration reform (CIR). But now, Congress has a chance to finally change this. So will it happen?

That's what everyone is now asking. And that's why CIR advocates are demanding answers from Senator Heller. Will the passage of SB 303 in Carson City finally do the trick for Senator Heller?

The Ultimate Betrayal

Earlier this month, we saw the culmination of the extended 21st Century Know Nothing campaign to kill the prospect of comprehensive sex education throughout Nevada in the form of an outrageous editorial published on the web site of the state's "newspaper" of record setting embarrassments. Who could have guessed that one of the top Democrats in the Nevada Legislature would ultimately do the bidding of the 21st Century Know Nothings and the "newspaper" they so love? John Lee, meet Mo Denis (D-Coward).

The sex-ed measure was not a license for Planned Parenthood to invade schools and promote abortion. It was legislation designed to update a decades-old curricula that is no longer relevant and to educate kids about an array of dangers that didn’t exist or were barely known 30 years ago.

Isn’t it their job to educate any constituents who might have misunderstood the intent or whose fears had been fanned by the other side? Wasn’t this issue important enough to do that?

Instead, Democratic operatives and senators were trying Friday afternoon to tamp down a social media firestorm from the left. That was their priority -- not having THEIR people make this worse for them. Profiles in courage, they are.

And what do they say to their Assembly colleagues who backed this measure? I can imagine: "Sorry, we hung you out, but you know, people might be mad at us so we had to kill it. Hope it's not an issue for you in your elections."

According to a source who blabbed to the Las Vegas Sun's Conor Shine, Governor Brian Sandoval (R-Huh?!) was threatening to veto the bill. And considering Governor Sandoval's penchant for reluctance to accept reality, this is likely true. Still, why would Senator Denis concede defeat so quickly and without any sort of fight?

Was Senator Denis ever willing to even give this bill a chance? Did the Senate Majority Leader ever plan to even listen to the majority of his majority caucus? Does he really want to punish and endanger Nevada students just for the sake of pandering to 21st Century Know Nothings who will never support him or any other Democratic candidate anyway?

Supposedly, Senator Denis also did this to "protect vulnerable incumbents". But so far, blowback from progressives looks to be delivering the opposite result. And Mr. Majority Leader may pay the ultimate price for the ultimate betrayal.

SB 303 Continues to Advance

Oh, yes. That's right. We have even more big news emanating from Carson City today as the Nevada Legislature races toward the finish line.

The Assembly Transportation Committee held a hearing on SB 303, the bill authorizing driver's authorization cards for immigrant drivers. Senators Mo Denis (D-North Las Vegas) and Ruben Kihuen (D-Las Vegas) stepped over to the other side of the Legislature Building to testify on "The Nevada Highway Safety Act". And yes, that's what was discussed at the hearing.

NV SB 303: bill not about immigration, but about public safety. - @RubenKihuen #nvleg driving permits

SB303 is a Public safety issue NOT an immigration issue so we urge the NV Assembly to pass this bill. #NVLeg #TimeIsNow

There was plenty of discussion on how more insured and documented drivers means safer roads. Oh, and of course, there was discussion of the $22 annual fee (as opposed to $22 for a standard driver's license for 5 years). This also delivers more revenue for the state budget right when the state needs more.

There was plenty of testimony in Carson City, as well as in Las Vegas. Several community activists told their own personal stories in Las Vegas. And a representative from the Washoe County Sheriff's Department testified in favor of SB 303 in Carson City. And for the record, no one (!!!) testified against the bill.

Oh, and we even heard this from the Nevada DMV representative offering neutral testimony.

"@BlancaSprkls: Don't hate! The #dmv is officially the happiest place on earth! #nvleg #SB303" #DriverAuthorization (don't tell Disney)

No vote was taken today. But considering the lopsided 20-1 vote (!!!) in favor of SB 303 in the Senate, its passage in the Assembly is all but assured. And so far, it looks likely that Governor Brian Sandoval (R) will sign the bill into law.

While SB 303 advocates tried to focus everyone's attention on the public safety matters addressed by this bill, the issue of immigration reform continued to linger in the background. After all, Nevada is now in this position because Congress has yet to pass any kind of comprehensive immigration reform (CIR). Senator Dean Heller (R-46%) has yet to say what he will do with the US Senate CIR bill, Reps. Joe Heck (R-Henderson) & Mark Amodei (R-Carson City) have yet to say what they will do with the emerging US House CIR bill, and they're all facing increasing pressure from the 21st Century Know Nothings to kill any & all attempts at CIR.

So against this complicated backdrop, SB 303 continues to advance. We don't know yet what Congress will ultimately do on CIR, but that isn't stopping the Nevada Legislature from taking action on this (in the limited capacity that it can).

The Big Question

Last Thursday, newly minted Nevada State Board of Education President Elaine Wynn described our public education system as "grossly underfunded". And she's not alone in saying this. We've been warned for years that we need better schools and better public infrastructure for a better economy. And Nevada now risks a costly law suit because our schools are so underfunded.

So far this session, we've seen jockeying in Carson City over the issue of education. A #NVLeg Republican has even stepped forward with his own tax reform plan to provide more public school funding. Unfortunately for him, he can neither amass a majority of legal experts nor a majority of his own party behind his proposal.

So where does that leave us? Here?

The plan would raise the payroll tax to 2 percent on mining, making it commensurate with financial institutions. Every business with a quarterly payroll of more than $62,500 will pay 1.5 percent (it is now 1.17 percent).

The source says the tax changes will result in $255 million over two years. Additional changes from the Economic Forum and other sources could get the plan to $310 million.

Here's how the three-tiered plan was explained to me:

Mining/financials: 2%

Everyone over 62,500: 1.5%

Nobody gets penalized if they go slightly over 62,500, they get hit with a smaller rate for the difference between 62,500 and what their actual payroll to a certain threshold is. For example, if your payroll is 62,501 you pay for that 1 dollar. So essentially, only the big folks will see a change are the bigger payroll companies, for everyone else everything stays the same.

This is supposed to be part of the compromise budget that #NVLeg Democratic leaders are offering to Republican leaders and various "business leaders". And hey, at least this seems to be legal. And it does provide more school funding.

Yet with that being said, something still doesn't feel right about this. Some are still suggesting that this should replace The Education Initiative. Really?

Yes, I know the Legislature is where tax policy should be handled... Ideally. And our teachers & students shouldn't have to wait for next year's election to receive the resources they need. Yet with that being said, can we afford any more band-aids on the giant stab wounds?

Of course, there's more of this to be released. We'll see where it goes. But at this point, I'm wondering if any of the latest tax proposals to float around Carson City is truly preferable to letting the people decide next year (and do so with real solutions). We've seen the FAIL train leave the station there many sessions before. Will this session actually be different?

All That Truly Matters

Over the course of this month, we've seen even more tossing & turning in Carson City over matters of tax reform. Some proposals have died gruesome deaths up there, while others received a sudden and unexpected burst of new life. So far this session, we've seen plenty of fascinating twists & turns.

And now, another one is coming... Or maybe not. We just know Senate Democrats will be releasing their own tax reform plan later this week.

Senate Majority Leader Mo Denis says Democrats are putting the final touches on their plan to tweak Nevada’s tax structure to bring in more money for education and other services.

But the Las Vegas lawmaker says they will await final revenues projections due Wednesday from the Economic Forum before introducing their plan in bill form.

The Economic Forum is an independent panel charged with forecasting Nevada revenues for the next two years.

Democrats also have not closed in on how much additional revenue they want to generate. Among things being considered are revamping the state’s live entertainment tax.

Well, at least we can say the Senate Democrats are moving away from Assembly Speaker Marilyn Kirkpatrick's (D-North Las Vegas) revenue-neutral sales tax clusterfuck proposal. I guess that's a start. So what's actually in their plan? We'll have to wait & see, but I wouldn't suggest getting your hopes too high (for this).

And you know what? It's OK. Regardless of what Democratic leaders settle for in Carson City this session, We the People will ultimately decide next year. And that's what has some Republicans in Carson City nervous.

So far, The Education Initiative (IP 1) has strong support among voters despite the "Tea Party, Inc." smear campaign against this initiative aimed at making the largest corporations doing business in Nevada pay something closer to their fair share. (They currently pay a rate just barely above nothing.) Perhaps this is why Senator Michael Roberson (R-Henderson) decided that the best way to beat IP 1 is to join it on the ballot box. At first, it seemed like Roberson hatched up the perfect strategy to triangulate Nevada Republicans into the political sweet spot while tearing Democrats & progressives apart. There's just been one problem with his plan: his fellow Nevada Republicans!



Oh, and there's another problem with this: the law! Despite the constant spin from certain Republican Senators and their media pundit cheerleaders, the fact remains that Governor Brian Sandoval (R), Attorney General Catherine Cortez Masto (D), Secretary of State Ross Miller (D), and several more lawyers who have studied this issue have all determined that Senator Roberson's IP 1 mining tax alternative is unconstitutional. They really can't blame Democrats or their fellow Republicans if/when the courts strike down any further attempts to pursue this.

Yet despite the political and legal controversies surrounding Senator Roberson's IP 1 mining tax alternative, SJR 15 remains. And there are no political hijinks here. It just removes mining industry bailouts from the Nevada Constitution. And all legislators have to do is approve it a second time this year so We the People can vote on it next year. And once voters approve SJR 15 next year, the Legislature will finally have the power to change mining tax rates.

Really, that's all the Legislature needs to do this spring to make real change possible. The Senate has already passed SJR 15 overwhelmingly this session. Now, it's the Assembly's turn.

There will be plenty of gossip in the next few weeks over supposedly grand tax reform plans. But really, it all comes down to just two initiatives. One is already guaranteed a spot on next year's (general election) ballot, while the other just needs one more vote of approval from the Assembly. And regardless of what certain media pundits hyperventilate about any further political positioning in Carson City this year, all that truly matters now is what We the People will be voting on next year.

"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.

One Small Card, One BIG Policy Change

Yesterday was another action packed day at the Nevada Legislature. This time, the Senate Transportation Committee heard testimony on SB 303. This bill provides for a driver's privilege card (or limited driver's license) for undocumented immigrants, and it's sponsored by Senate leadership from both parties. In addition to its hearing in Carson City, SB 303 also had satellite testimony from Las Vegas.



And while immigrant rights activists packed the hearing rooms in Carson City and Las Vegas, SB 303 also received some surprising support. For one, the bill is inspired by a program that's already happening next door. And no, I'm not talking about California (though the California Legislature is now considering its own bill).

“Denying driving privilege to the undocumented population jeopardizes safety and raises insurance rates for everyone,” [Senator Ruben] Kihuen [D-Las Vegas] told the committee. [...]

The driver’s privilege card will be available to people who cannot produce all of the documentation needed for a Nevada driver’s license. It would allow the holder to legally drive in the state but could not be used as an official identification or to apply for federal or state benefits. The application fee would be $22, the same as for a driver’s license, but the driver’s privilege card would have to be renewed annually instead of every four years like a traditional license.

“SB 303 will bring in new revenue at a time when we desperately need it,” Kihuen said. “There are over 100,000 undocumented people in Nevada who could benefit form this proposed bill. It could mean millions of dollars in stimulus to our economy. They will purchase cars, they will purchase insurance and they will drive to stores, take trips and more easily find a job.” [...]

The Nevada bill is modeled after similar legislation in Utah, and two Utah state senators also testified. Sen. Curt Bramble, R-Provo, said the law had contributed to Utah’s low rate of uninsured drivers and had improved road safety as more drivers are tested and insured.

“The angst from right (when we passed the bill) was that Utah would be a magnet, a mecca, a gateway for a subsequent influx of undocumented individuals because we provided this privilege. The data doesn’t support that,” Bramble said, pointing out that after peaking around 43,000 driver’s privilege cards, the number in Utah has since dropped below 40,000.

Bramble said there was concern in Utah of criminals applying for the card. Of 40,000 applicants in Utah, two were found to have criminal records, he said. Utah eventually added a fingerprinting and background check provision to its law, something Denis has resisted under the argument that it would discourage participation and the undermine the intent of the law.

“You must concede that they have violated immigration laws,” Bramble said of some of the potential applicants. “Beyond that though, it appears from our experience in Utah that folks who come forward to apply for this are not the criminal element, they are not the folks law enforcement is seeking out. … Pass it or not, they are on our roads.”

Indeed, Utah has been running this program since 2005. And despite a "tea party" fueled campaign to repeal the law last year (which failed), the program is working there. And in fact, the number of driver's privilege cards issues actually dropped last year.

It's also helped make roads safer there. And earlier this year, a California DMV report stated its roads will likely be safer Keith more insured drivers, which is what will happen once California starts issuing driver's licenses to undocumented immigrants. Behind all the controversy over immigration reform, this is really a simple matter of public safety.

So does this mean SB 303 will sail through Carson City? We'll see. As mentioned earlier, Senate leaders in both parties are backing the bill. However in the Assembly, Minority Leader Pat Hickey (R-Reno) has been playing nefarious political games with the bill by trying to tie it to the otherwise unrelated SB 63 electronic poll book bill that Secretary of State Ross Miller (D) is pushing. There are probably still more than enough Democratic votes to pass SB 303 in the Assembly regardless, but we don't know yet what exactly Governor Brian Sandoval (R) plans to do with it (though he's seemingly been warming up to it).

It's been a long journey here, but Nevada may finally soon begin issuing driver's privilege cards alongside Utah, New Mexico, and Washington (State). Undocumented immigrants can finally be treated a little less "second class". And Nevada raids can be safer with fewer unlicensed and uninsured drivers.

Redistribution & Reconciliation

We all knew this was coming. Back in January, Southern Nevada "business leaders" demanded a change in the state's education funding formulae. OK, so that's been happening pretty much since the founding of Las Vegas. What's changed?

What's changed is that this time, Southern Nevada's legislators are actually pursuing change. That's why the usually affable Jason Geddes & William Horne had a brief Twitter fight last month. And that's why some Northern Nevada legislators are getting jittery.

And now, key Southern Nevada Democrats are now suggesting this can be used to break the logjam on restoring past budget cuts to Nevada schools.

“If people aren’t willing to talk, that definitely needs to be on the table,” said Senate Majority Leader Mo Denis, D-Las Vegas, of the strategy. “If we don’t want to talk about adequacy in the way we fund things, then maybe we can talk about equity.”

Southern Nevada legislators say they want to play nice by shifting money to Clark County but also raise taxes to patch the losses the other 16 school districts would suffer. That plan, however, would require many rural legislators to make a reluctant vote for tax increases.

“It’s on the forefront (for) many Southern Nevada legislators to figure out how to hold other people harmless, but I think that brings up the revenue discussion,” said Assembly Speaker Marilyn Kirkpatrick, D-North Las Vegas. [...]

Changing the formula to account for the higher costs of educating students living in poverty and English language learners, among other factors, would mean that the state would need to raise at least an additional $117 million in order to replace the money rural school districts would lose, according to the 2012 study.

So if the revenue pie doesn’t grow, Clark County legislators could find a way to steer their direction the $135 million in new education funding Sandoval has proposed or flip a few levers in the state’s education funding formula and send dollars cascading south from northern school districts.

“I don’t think anybody really wants to do that, but we hear from Clark County residents that we should do that,” Denis said. “They’ve been funding the rest of the state, and our kids are the ones that suffer because of that.”

At last, the late Bill Raggio's (deliberately) "fuzzy math" is coming back to bite Northern & Rural Nevada. For decades, Clark County has subsidized the rest of the state. While over 80% of the state's revenue is collected in Clark County, and while over 70% of state's population resides in Clark County, about 50% of state expenditures are spent in Clark County. This simply isn't sustainable.

That's why so many down here are demanding change. And that may be leading to some previously unexpected openings in other areas of the state budget. Assembly Minority Whip Tom Grady (R-Yerington) proclaimed his opposition to taxing an industry based in one part of the state to fund public services in another. He should be careful what he wishes for, especially considering the statistics listed above... And the Las Vegas Strip casinos' fear of any future gaming tax increase.

Against this increasingly complex, multi-layered, and intriguing backdrop, SJR 15 will be heard in the Senate Revenue & Economic Development Committee on Tuesday. Ralston hints there may be drama next week, but I have a hard time seeing justification for it now. More and more Democrats have had to reaffirm their commitment to passing SJR 15, and now the "Mod Squad" Republicans are on record supporting it.

Funny enough, Tom Grady tried to use his anti-redistribution argument against SJR 15. If anything, it's now having the opposite effect. Again, over 80% of the state's revenues are collected in Clark County. The Las Vegas Strip is not just the glitzy show horse of the state, but it's also the state's key economic work horse. And money made on The Strip often ends up spent on public services in places like Yerington, Ely, and Winnemucca.

Personally, I have no problem with that. However, what I do have a problem with is hypocrisy. How can one rail against redistribution of state funds, then actively support it?

The only ones who truly benefit from the current redistribution scheme are the multinational mining corporations. They extract valuable precious metals, rake in record profits, and pay hardly anything to the state in return. And because these multinational mining corporations pay hardly anything, the state must rely even more on Southern Nevada's gaming & tourism industry to deliver the goods for the entire state.

Something must change. Why should Clark County students and educators suffer just so multinational mining corporations can pad their profits a little more? That's why we'll be seeing even more fireworks in the coming week.

(And on an important programming note, I plan to be in Carson City next Tuesday for the SJR 15 hearing. Expect plenty of live coverage next week when Nevada Progressive takes a field trip to the Nevada Legislature!)

Get Serious.

This is the second week of the 77th session of the Nevada Legislature. And after promises of this time being different, the powers that be in Carson City are working hard to keep the status quo in place. Just try reading this without spewing out your morning coffee.

Hanging over the tax discussion is a margins-tax ballot initiative that the state teachers union hopes to pass either in the Legislature or on the ballot in 2014.

That uncertainty could be enough to persuade legislators to defer major tax structure changes until the 2015 session, said Assembly Minority Leader Pat Hickey, R-Reno.

“Going forward, frankly, the teachers' tax initiative is casting a shadow over any serious discussion of taxes because it could trump next session anything that is done this session,” Hickey said.

Repealing the sunset taxes and replacing them with solid revenue sources would make the state less reliant on budget gimmicks and provide predictability for businesses and state policymakers.

There he goes again. Pat Hickey is actually claiming that The Education Initiative is hindering "serious discussion of taxes". So what exactly is his definition of serious?

Senate Minority Leader Michael Roberson (R-Henderson) wants to swap the "regressive" vehicle license fee for a regressive sales tax on services. Both Roberson and Assembly Speaker Marilyn Kirkpatrick (D-North Las Vegas) like the concept of enacting a regressive sales tax on services. And Kirkpatrick & Senate Majority Leader Mo Denis (D-North Las Vegas) want to cement in place the politically convenient 2009/2011 "Sunset Taxes". Seriously, how is this "serious"?

Nevada workers, including the teachers who know firsthand the challenges faced in our schools, have brought forward a real proposal for tax reform. They're proposing restoring $800,000,000 for Nevada schools by charging a 2% margins tax on businesses that earn more than $1,000,000 a year. And now that many Nevada voters have submitted their petitions to the Legislature, the Legislature can act on this.

The Education Initiative offers serious and real tax reform. If legislators were actually serious about tax reform, they could try listening to their constitutents.

Whose House? Whose Business?

Remember this? Just after Governor Brian Sandoval's "State of the State" speech, Assembly Minority Leader Pat Hickey (R-Reno) unintentionally exposed perhaps the worst kept secret in Carson City. At least then, it was finally admitted on statewide TV.



There was another reminder of this yesterday as reporters were shut out of a "private meeting" at the public building that houses the Nevada Legislature. Even some legislators were actually blocked from this meeting! Yes, corporate lobbyists believe they are that powerful in Carson City.

After Nevada journalist Jon Ralston tweeted about the meeting Wednesday morning, Senate Democratic leaders, about to head into a floor session, peered into the room, bewildered and more than a bit peeved. Some of these lobbyists, after all, are the people who sometimes try to kill policies put forward by Democratic leaders, gathering together right under lawmakers’ noses to plot strategy.

Then, the Senate sergeant-at-arms peeked inside through the small window and asked a colleague whether they were allowed to be in there. The staff member wasn’t sure.

This is when Denis arrived. He asked lobbyist George Ross, whose clients include the Las Vegas Metro Chamber of Commerce, whether he could come in with Sen. Ruben Kihuen, D-Las Vegas. Ross told Denis he would ask Sam McMullen, a prominent business lobbyist and leader of the Business Lobbyist Group.

They ushered Denis and Kihuen in. But when this reporter tried to enter, McMullen said no.

“This is a private meeting,” he said.

“This is a public building,” the reporter said.

There was a collective intake of breath from the lobbyists.

“Close the door,” McMullen said.

Denis gave his speech, which was inaudible from outside the room. The lobbyists applauded at the end.

And this, all too often, is how business is done in Carson City. And legislators wonder why the public largely holds such a low opinion of state government?

Of course, these corporate lobbyists are trying to kill The Education Initiative. Because of course, they fear real tax reform. And they fear what may happen if the people are given a chance to vote on it.

So they're trying to muddy the waters. That's why we're now seeing this swirl of confusion on taxes in Carson City. Is it "revenue-neutral"? Will there be another competing initiative next year? Or will they just agree to drown us in some good old fashioned sunny "Gov Wreck"?

It's bad enough that such horrid policy is being celebrated in Carson City. It's even worse that corporate lobbyists are secretly crafting plans in what's supposed to be "the people's house" to try shoving this horrid policy down our throats. If this isn't a stinging indictment of "business as usual" in the Legislature, I don't know what is.

State of the State Liveblog

So it's finally here. Governor Brian Sandoval's State of the State speech is happening. So consider this a "stream of consciousness" that will be updated as the speech goes on. We'll also be on hand to cover the Democratic response from Senate Majority Leader Mo Denis (D-North Las Vegas), as well as the initial media spins of the night.

Tomorrow morning, we'll have more in-depth reporting and insight on what happened.

6:07 PM: Sandoval just noted the backdrop of his previous State of the State. Funny enough, he took credit for the VERY last minute budget deal that was forced on him & the Legislature by the Nevada Supreme Court!

He then noted the real economic progress that Nevada has made since 2011. And he noted the growth in state revenue collections. However, he did not note the reasons why economic recovery has been so much more difficult than that in our neighboring states. (Hint: It's the public infrastructure, stupid!)

6:11 PM: Sandoval then basked in the glow of "teacher punching". Yes, nothing quite improves public education like stripping away teachers' workplace rights! (/snark)

Sandoval then shifted to his more "moderate" policy prescriptions. He touted all day kindergarten, English language learner aid, "Jobs for America" in schools, and... Teach for America! Seriously?

At least the other programs seem promising. Legislators just have to fight for actual funding to make them work.

6:16 PM: "School choice!" Yes, nothing quite improves public education like threatening to starve it to death.

6:18 PM: Huh?! Whatever happened to teaching?

6:21 PM: Wait, so UNR & UNLV can actually start new programs for a change? Will they ever have a chance to reopen the programs they've had to shut down in the past decade?

At least Sandoval is actually proposing new programs and some new funding for our colleges. But again, this only barely scratches the surface of what our colleges truly need.

6:27 PM: Sandoval then shifted to boasting about "companies moving to Nevada". Ah yes, Apple. Should we really boast about sweetheart deals that encourage tax evasion elsewhere? And where are the jobs produced?

At least Zappos is doing stuff down south.

Oh, and here it is! Sandoval promised, "No new taxes." So how again do we invest in restructuring our economy?

6:30 PM: Shorter Sandoval: "Fuck you, feds! We can scare our sage grouses all on our own."

Oh, and here comes the promise to allow for online gaming. Jeez, this is about time.

6:35 PM: Finally, health care. Sandoval touted the 78,000 Nevadans who can finally access health care with ACA Medicaid expansion, as well as the $500 million that will be pumped into the economy...

Then he unveiled his plan to undermine it by demanding co-pays from Nevadans who can't afford them! Hello, what is Medicaid? I want to hear Sandoval's answer. And I'm sure these poor patients love to hear politicians threaten to take away their health care should their political fortunes change.

6:39 PM: OK, here's the easier stuff.

Sandoval applauded the work of Catherine Cortez Masto and everyone else who worked on the federal foreclosure settlement. Hopefully, that aid actually reaches the homeowners who need it.

Sandoval also did a touching salute of Nevada's military veterans. Hopefully, they can get more than just nice words. They need health care. They need jobs. And they need real support. That's the kind of respect that they deserve.

6:43 PM: Sandoval just did a lovely tribute to the history of the women's suffrage movement. Nevada granted women the right to vote 5 years before the nation did overall.

Nevada has often been a leader in civil rights... So can we be again? Governor Sandoval can begin by announcing his support for repealing Question 2 and giving Nevada's LGBTQ families the right to civil marriage that they so deserve.

6:57 PM: Here's Mo Denis' response.

After doing a bio, Denis addressed the issue of tax fairness and overall revenue. Yes, why continue raising sales taxes on the working poor while shoveling more bailouts for billionaires? So what's the alternative?

Mo Denis also responded to Sandoval's claims on education. Thankfully, he flat out declared that Sandoval's "modest increase" of the education budget is not enough. He also promised Democratic action on fighting for universal full day Kindergarten.

"Improving our schools is key to creating new jobs in Nevada." True. And it IS government's responsibility to create an environment that's conducive to job creation & economic growth. That's why California, Arizona, & other Western states have seen more sustained economic growth while we've been wishing for a good month of casino wins.

We do need more tech & biotech jobs. And we do need more economic diversification. Hopefully, Mo Denis and other Democrats in Carson City are serious about pursuing this. The current path is not sustainable.

7:01 PM: Mo Denis also had some words to say on health care. He applauded Governor Sandoval's decision to accept the Affordable Care Act's Medicaid expansion... But he said nothing on Sandoval's crazy-ass scheme to charge co-pays! Please don't let him get away with this travesty.

He then closed with a plea to consider smarter & more robust investment in our social safety net. Lack of health care means lack of economic development. And because we won't even care for kids with Autism, people & businesses notice. This is the real, screwed up state of our state.

One can only hope Mo Denis means what he says in promising to fight for a fairer budget.

7:15 PM: So now, the spin begins! Or wait, did it already start? Ralston noted on KSNV 3 (Vegas) that Sandoval's "no new taxes" $6.5 billion budget uses quite a bit of fiscal gimmickry to evolve from the Economic Forum's original $5.8 billion projection. (One of them clearly is further extension of the 2009/2011 "Sunset Taxes".)

Another interesting facet is Sandoval's attempt to look "moderate" by essentially stealing Democratic policy ideas... Then twisting them to make them at least a little more palatable to his fellow Republicans. See Medicaid expansion and full day Kindergarten.

So what have we learned tonight? Well, you tell me. Yet again, Brian Sandoval gave a "sunny" spin to the harsh reality of the current State of Nevada. While our economy is recovering, it hasn't come anywhere close to full potential. And it won't unless we get serious about investing in our public infrastructure.

So again, will Nevada Democratic Legislature leaders fight for that? Mo Denis offered some glimmers of hope. It just remains to be seen if he and Assembly Speaker Marilyn Kirkpatrick offer more details... And then work this session to actually implement them.

All Shook Up

Last night, Jon Ralston had State Senate Majority Leader Mo Denis (D-North Las Vegas) and State Senator Ruben Kihuen (D-Las Vegas) on his show to discuss yesterday's startling turn of events. Believe it or not, we've seen even more twists and turns in the past 18 hours.

(Skip to 19:30 to start the Denis/Kihuen segment.)



Just as I had expected earlier, someone else is quickly jumping on this bandwagon. All of a sudden, State Senate Minority Leader Michael Roberson (R-Henderson) also wants "driver's privilege cards" for undocumented immigrants. And he may even introduce his own bill for it!

On Tuesday, Roberson voiced strong support for a Utah-style driver’s privilege card for undocumented immigrants, adding that the Republican caucus may come out with its own proposal soon.

“A lot of immigrants in Nevada are on the roads now, whether it’s to get back and forth to school or get children back and forth to school or to go to work,” Roberson said. “The fact that these immigrants may be driving without a license or card and without insurance, I think we can do better than that as a state.”

So there's now bipartisan consensus here. So is all well? Not for Nevada Republicans. Chuck Muth eviscerated Roberson (again) on his blog last weekend for "Hispandering" (nice one, Chuckie) already, so he probably isn't liking this. And so far, other top Republicans in Carson City may be more inclined to side with Muth.

Sen. Don Gustavson, R-Reno, one of the Legislature’s most conservative Republicans, was dismayed by the idea of granting driving privileges to undocumented immigrants.

“I would not be supportive just letting people come in the country illegally and giving them a driver’s license. No!” he said. “It doesn’t make sense to allow them to come in the country illegally then give permission to drive legally.”

As we had discussed yesterday, the "tea party" base of the Republican Party has no interest in moderation. Hell, Chuck Muth is now vitriolically referring to it as "Hispandering"! And the likes of Don Gustavson and Pat Hickey seem eager to fight Roberson on this.

And speaking of Hickey, he stirred the pot some more yesterday by continuing his false equivalency argument for voter ID. As Mo Denis said above, there is a huge difference between utilizing resources to solve a serious problem (uninsured and unlicensed drivers on the road) and spending money to "solve" a nonexistent problem (as in the great "VOTER FRAUD!!!" hoax). But shortly after saying this, Denis announced something that probably won't sound like music to Ross Miller's ears. So now, both incoming Assembly Speaker Marilyn Kirkpatrick (D-North Las Vegas) and incoming State Senate Majority Mo Denis have announced opposition to Ross Miller's election reform bill!

While Republicans are split over tackling legal status for immigrant drivers, Democrats are now split over election reform. And thanks to Pat Hickey stirring the pit, both issues are starting to look like a tangled mess. At least Denis and Roberson won't need Assembly Republican votes to pass some sort of legislation clearing the way for some sort of driver's licenses for immigrant drivers. However, Ross Miller will definitely need more Democratic support to pass his election reform legislation. And so far, top Democrats just don't see the need for it... And Republican meddling may very well be harming Miller's chances of coalescing Democratic support for it.

So far, the Nevada Legislature is looking increasingly "all shook up"... And it isn't even in session yet!

Are Nevada Republicans Really Open to Cambio?

Earlier today on KNPR's State of Nevada, incoming State Senate Majority Leader Mo Denis (D-North Las Vegas) spoke about a bill he and fellow Latin@ Democrats will be introducing next session to allow undocumented immigrants to obtain "driver privilege cards". This is certain to ignite conversation in Carson City next spring. However, what's really surprising about this is that Republican leaders have so far refrained from rejecting this. Governor Brian Sandoval (R) apparently even told Mo Denis he will "consider" this bill!

In fact, Republican leaders have already begun lurching towards this position. Last Thursday, Brian Sandoval made headlines by announcing the DMV will begin issuing drivers' licenses to those undocumented immigrants who qualify for "deferred action" (aka the "DREAMers" who would have been placed on a path to citizenship had the DREAM Act passed Congress). However, what was more shocking was State Senate Minority Leader Michael Roberson's (R-Henderson) endorsement of this new directive. What was even more shocking is that other prominent GOP Senators joined Roberson in endorsing Sandoval's policy!

“These young men and women are living, working and attending school here in Nevada, and are doing everything in their power to improve their lives and the lives of their families,” Roberson said. “A driver’s license from the state of Nevada will aid in their ability to commute to and from work and school; will afford a sense of self-sufficiency; and will provide greater opportunities for thousands of Nevada families.”

Deferred Action, or Deferred Action for Childhood Arrivals (DACA) is a directive from the secretary of the DHS that grants temporary permission to stay in the U.S. to certain undocumented young people. Individuals who receive deferred action may apply for and obtain employment authorization. It is estimated that more than 20,000 young immigrants could benefit from this program in Nevada.

Sen. Ben Kieckhefer, R-Reno, also applauded the policy: “This DMV policy allowing young immigrants living in our communities to obtain driver’s licenses will benefit not only the young people and families eligible for deferred action, but will also help strengthen Nevada’s education system and our economy at large.”

Sen. Joe Hardy, R-Boulder City, commented on the safety aspects of the policy: “In order to secure a driver’s license, an individual must obtain the proper knowledge and skill level to pass a test to ensure they can safely drive on the streets. This policy will not only provide greater opportunity for so many young people in Nevada, it will also make our streets safer by ensuring training for those who may otherwise be driving without a license or adequate preparation.”

We have yet to see if these Republicans also embrace Mo Denis' bill addressing those immigrants not covered by "deferred action". But so far, it seems like at least some Nevada Republicans are very publicly changing their tune on immigration reform. So why the sudden change of heart?

Basically, Nevada Republican leaders want to at least look like they're not so stringently anti-immigrant and anti-Latin@. And they're now changing their tune because they don't all want to experience the same fate that fell on Mitt Romney and Sharron Angle. Some Republican leaders are hoping that a "kinder, gentler" approach on immigration will fix their woes.

Are they correct? Not so fast. Matt Yglesias recently reminded us that the GOP's problems with Latin@ voters are not limited to one aspect of public policy.

Pundits are quickly turning to immigration to explain the Republicans’ Latino problem and to offer a possible cure, but the reality is that the rot cuts much deeper. The GOP doesn’t have a problem with Latino voters per se. Rather, it has a problem with a broad spectrum of voters who simply don’t feel that it’s speaking to their economic concerns. The GOP has an economic agenda tilted strongly to the benefit of elites, and it has preserved support for that agenda—even though it disserves the majority of GOP voters—with implicit racial politics.

Consider the GOP’s deeply racialized campaign against Supreme Court Justice Sonia Sotomayor. What was so surprising about this—and I know I’m not the only fair-skinned English-dominant person with a Spanish surname who was genuinely shocked—was that conservatives could have easily opposed her purely on policy grounds. Sotamayor is a fairly conventional Democrat on constitutional issues, and that would have been ample reason for conservatives to criticize her. Indeed, Justice Elena Kagan was attacked on precisely those grounds. But rather than tempering opposition with at least some recognition that Sotomayor’s life story might be a great example for immigrant parents trying to raise children in difficult circumstances, the country was treated to a mass racial panic in which Anglo America was about to be stomped by the boot of Sotomayor’s ethnic prejudice. The graduate of Princeton and Yale Law, former prosecutor, and longtime federal judge was somehow not just too liberal for conservatives’ taste but a “lightweight” who’d been coasting her whole life on the enormous privilege of growing up poor in the South Bronx.

Polling suggests that the Latino problem for the GOP is deeper than immigration. John McCain got a scant 31 percent of the Latino vote despite a long record of pro-immigration policies. The best evidence available on Hispanic public opinion, a big election even poll from Latino Decisions and ImpreMedia, makes it clear that this is just a fairly liberal voting block. Just 12 percent of Latinos support a cuts-only approach to deficit reduction, and only 25 percent want to repeal Obamacare. Only 31 percent of Hispanics say they’d be more likely to vote for a Republican who supports the DREAM Act. This isn’t to say Latinos aren’t eager to see immigration reform, it’s just that the lion’s share have bigger reasons for rejecting the GOP.

So if Republicans really want to fix their problems with Latinos and other minority voters, then they need to engage in less "political window dressing" and more deep soul searching. However, this runs into what may be an even bigger problem Republicans now face. At this point, most of their base refuse to even consider the "political window dressing"!

Here’s what Iowa Rep. Steve King, who is already rumored to be a Senate candidate in 2014, tweeted out shortly after Boehner’s comments went public:

Obama voters chose dependency over Liberty. Now establishment R’s want citizenship for illegals. You can’t beat Santa Claus with amnesty.

-- Steve King (@SteveKingIA) November 9, 2012

And, while it’s easy to dismiss King’s voice as an isolated one, it’s worth remembering that former Massachusetts governor Mitt Romney adopted the position of “self deportation” for illegal immigrants during the presidential primary process for fear of being labeled insufficiently conservative by the GOP base. [...]

Six in 10 Republicans aligned with the tea party favor deporting illegal immigrants to their native country. A majority of “old school Republicans” —described in the survey as “more male, white educated and wealthy” in the Post-Kaiser findings —feel the same way. (For more on the various segments within the Republican party, check out this cool graphic.)

What that data suggest is that no matter what the party leadership believes should be done on immigration, there will almost certainly be opposition from within the tea party wing to almost anything that allows illegal immigrants to stay in the country. And, in case you haven’t been paying attention to Republican primaries over the last few years, that wing of the party has a huge amount of influence in picking nominees.

So before the likes of Dean Heller, Brian Sandoval, and Michael Roberson can convince Nevada Latin@ voters that Republicans have changed for the better, they first have to actually change the heart of their own party. And so far, the heart of the party is still aligned with the likes of Sharron Angle, Kris Kobach, and Joe Arpaio in opposing any and all kinds of realistic comprehensive immigration reform. And with the likes of Assembly Member Ira Hansen (R-Sparks) still pursuing the very xenophobic anti-Latin@ legislation that doomed the political careers of Angle and Romney, it looks like Nevada Republicans have far more work to do to "fix the Latino Problem".

So Who's Left at the Center of It All?

On Monday, KSNV's "The Agenda" took on what's becoming a big issue in Carson City: Who's taking "the middle ground" on taxes? And really, where is "the middle ground" on taxes?

(Start watching at 10:30 below.)



We know how Brian Sandoval has been dancing on this, but there are other players who will be playing key roles here. For one, the renewed focus on C-Tax issues has brought Senator John Lee (D-North Las Vegas) back into the spotlight. After all, his committee has been holding hearings on this very issue. He also recently penned a Sun op-ed on community college reform. He's been getting out front on these issues.



However, controversy has also been catching up to him. California has flatly ruled out the kind of deregulation of Lake Tahoe that Lee spearheaded last year. He's also caught heat over his opposition to marriage equality, domestic partnerships, and transgender inclusive ENDA. But perhaps most importantly, John Lee initially agreed with Brian Sandoval's "no new tax" position until the Nevada Supreme Court's late May ruling completely reset the 2011 budget negotiations. So now, he's getting a primary challenge from Pat Spearman... And Nevada AFL-CIO is now signaling it won't fall in line behind John Lee.

Earlier today, Steve Sebelius joked on Twitter that "it's tough out there for a moderate". John Lee is starting to feel that. However, not all the primary action is happening on the Democratic side.

Rather, there's even more primary drama to be found among Nevada Republicans. Remember, the "tea party" here still feels betrayed after falling for Sandoval. So now, it looks like they're lashing out at him, Senate GOP Leader Michael Roberson, and all the Assembly & Senate GOP Caucus endorsed candidates who refuse to sign the Chuck Muth/Grover Norquist tax pledge. In fact, we're now seeing GOP Assembly and Senate primaries across the state turn hot over this. Even Pat Hickey, the incoming Assembly GOP leader that Muth once seemed to like, is now falling out of favor with Nevada's "Tea Party, Inc."

Just as I had suspected back in March, this is turning out to be much more complicated than Brian Sandoval's PR team had initially thought. They just figured Sandoval could simultaneously "claim the middle ground", help his favored Republican candidates in swing districts, and fend off calls for comprehensive, progressive tax reform, by agreeing to the sunset tax deal yet again. However, it's starting to look like Sandoval may have stirred a real hornet's nest in doing this. While Sandoval may yet succeed in claiming at least some "middle ground" for himself on the budget and taxes, moderates in both parties are now feeling the heat as the grassroots on neither side likes the politics or the policy behind the tax deal that Sandoval now owns.

Ah, the law of unintended consequences...