Vol. 1, No. 20
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August 15, 2004
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CRIMINAL DEFENSE |
COPYWRITING
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Southern Casinos Shine Brightly; Northern Casinos Less Bright
Other Economic Indicators Still Good And Strong
Casino economic figures for June have been released by the Nevada Gaming Control Board, and they indicate a considerable amount of tourist and gaming strength in Clark County, but a less than stellar performance in Washoe County. Overall, The Silver State showed a 5.73 percent increase in casino take this June compared to last. That computes to a casino win of $855.46 million. For the year, casinos have raked $10.1 billion into the win column, about half coming from Clark County.
In Clark County, The Strip showed an increase of 7.31 percent while downtown Las Vegas barely got in the positive range, up 0.70 percent. The relatively new Boulder Strip continued its high flying ways, increasing 17.43 percent from last year.
Laughlin was up a healthy 6.56 percent while North Las Vegas casinos increased their take over last year by 8.72 percent. Every area of Clark County showed an increase in casino take. The total dollar figure for Clark County is a whopping $704.33 million.
In Washoe County, the picture isn't necessarily gloomy, but it isn't bright either. Overall, county casinos dropped in total win by 1.03 percent, bringing in a total of $84.84 million. The high point for the county is casinos in Sparks, the Rail City, showing an increase of 5.41 percent compared to June 2003. Reno casinos were off by 2.19 percent.
| In Washoe County, the picture isn't necessarily gloomy, but it isn't bright either. |
Figures for the gaming interests at Lake Tahoe aren't particularly bright either, despite fine early summer weather. North Lake Tahoe casinos were up by 6.23 percent while the casino strip at South Shore was off by 8.48 percent.
Several casinos in Washoe County have altered their marketing philosophy recently and are openly inviting locals to come in and play. In the recent past, many of Reno's finest have all but shunned the local gambler, while sports bars and small, intimate gaming halls, clubs like The Little Nugget, have welcomed them. A lack of tourists, due to horrible road conditions and Indian Gaming inside the core area, has possibly awakened the knowledge that many of northern Nevada's 300,000 inhabitants enjoy a turn at the one-armed bandit.
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Nationally, There's A Rosy Picture Being Painted By Buyers & Employers
While some were worried about a drop in retail sales in June, it wasn't the buyers of products. In July, retail sales nationally have rebounded by 0.7 percent. This compensated for the 0.5 percent drop in June sales.
At the same time, the number of workers losing their jobs declined considerably. Economists are looking at June figures as being a "pause" in the economic recovery that has been going on for several months. Auto sales are leading the way this time, while furniture stores and general merchandise operations are close behind.
One of the areas that was off in July was gasoline distribution. High prices probably kept people from driving as much as a summer period generally holds.
Most economists seem to think that when the back-to-school sales begin, when fall and winter clothing sales crank up, and as gas prices come down somewhat, the economic indicators will be much more positive than they have been.
Two Ballot Initiatives Denied; Five Petitions Have Qualified
Public Employee/Legislators Safe For The Time Being. New Taxes Too
Secretary of State Dean Heller has ruled that the Axe the Tax referendum petition and the Bar Public Employees From Serving in the Legislature petitions both failed to receive enough valid signatures statewide to qualify for the 2004 General Election ballot.
The Axe the Tax referendum petition received a statewide count of 49,207 valid signatures. A referendum petition to approve or disapprove a current state law requires a minimum of 51,337 valid signatures statewide, but those signatures may come from any county or combination of counties. Even so, the total number of valid signatures fell short.
The Bar Public Employees From Serving in the Legislature petition garnered a statewide total of 47,328 valid signatures, and met the 10% requirement in only eleven counties. According to the count, the petition failed to receive enough valid signatures in Carson City, Douglas, Humboldt, Lyon, Nye, and Washoe counties. In 2004, an Initiative Petition to Amend the State Constitution requires a minimum of 51,337 valid signatures statewide (10% of the turnout in the last General Election) and at least 10% of the election turnout in at least 13 of Nevada’s 17 counties to qualify for the General Election ballot.
Despite this announcement from Heller, he has also ordered a complete examination (recount) of all signatures on the Axe the Tax petition to be held by county clerks and registrars of voters. Heller said, "I'm taking a pro-active step of ordering this to begin immediately." He said he was doing this because of various actions that have been initiated in several state courts.
Ballot preparation is continuing throughout the state, and Heller doesn't want to impede the process. Both petitions would be on the General Election ballot, not the Primary, if found in compliance. Heller said, "I believe my decision to verify all the signatures (on the Axe the Tax measure) is the only prudent choice." He has given the counties 12 days in which to verify the signature count.
The Supreme Court of Nevada is expected to hear oral arguments on two other initiative petitions on August 31. The questions dealing with minimum wage increase and frivolous lawsuits are still up in the air following a ruling by District Judge Bill Maddox. Maddox ruled the petitions should be accepted based on federal law while Secretary Heller, using a conflicting Nevada law disqualified both initiatives. According to Judge Maddox, if federal law is followed, the petitions more than qualified for the General Election ballot.
Five petitions have qualified for the 2004 General Election: Education First, Fund Education to the National Average, Raise the Minimum Wage, Insurance Rate Reduction, and Stop Frivolous Lawsuits. Also included on the 2004 statewide ballot will be the “Keep Our Doctors in Nevada” question that must only receive a favorable vote in 2004 to become law.
Heller sought an appeal of the decision by First Judicial District Court Judge Bill Maddox’s July 21, 2004, regarding the signature verification process that put the Stop Frivolous Lawsuits and Raise the Minimum Wage initiative petitions on the 2004 General Election ballot.
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Voter Registration Ends Aug. 17; Early Voting Begins Aug. 21
If you haven't registered to vote yet, Tuesday, August 17 is the last day to do so if you wish to vote in the Primary Election. Nevada's Primary will be held on September 7, but there is a two-week period prior to the Primary for early voting. Those dates this year are August 21 through September 3.
Washoe County Registrar of Voters Dan Burk has arranged for 10 locations to be available for early voting. Not all locations will be open every day. The registrar's office is located in Building A, Room A135 in the Washoe County complex on Ninth Street in Reno.
In Clark County, Registrar Larry Lomax has arranged for eight locations to be open each of the 14 days, and he has eight mobile units that will move about the County for convenience. According to a registrar spokesperson, "These units will move almost daily, but will remain at a specific location during the first weekend."
The Clark County Registrar's office is at 965 Trade Drive, Suite A in North Las Vegas.
The sample ballots for the Primary Election should begin going in the mail by Monday, August 16 according to a spokesperson in the Clark County registrar's office. In Washoe County, Registrar Dan Burk said sample ballots are tentatively scheduled to be mailed beginning August 18. Since early voting begins August 21, the registrars want to get the sample ballots out as early as possible.
Dan Burk is hoping that many people will take advantage of the early voting this year. "This is a unique year in Washoe County because of the new voting system," he said, "and by coming in early, hopefully, a voter will be able to take enough time to fully understand the touch screen system." Burk said he has full confidence in the Sequoia machines, but he is still a bit worried about the paper trail part of the system working properly.
Training for election workers has been an ongoing process in Washoe County, and Burk says each election worker will have undergone at least five hours of intense training by the first day of early voting.
"It's never been tested in a real voting environment," Burk said. The Sequoia machines, with the paper trail printer attached, have been delivered to all registrars and county clerks in the state, and except for Clark County, this will be the first time voters will be using the machines.
Registration numbers are up throughout the state due to voter drives and interest in this year's election process. A number of local and statewide races coupled with an exciting race for the presidency, have driven the numbers. In Clark County, although total numbers aren't available as we go to press, Larry Lomax says he has been receiving as many as 5,000 to 6,000 new registrations per week.
In Washoe County, Dan Burk said there are at least 26,000 new registrants for this year's election cycle.
•••
And Now, It's Time For The Money To Talk
C&E Reports Come Due During Early Voting
The bug-a-boo of so many Nevada politicians rears an ugly face on August 31 when the next Contributions and Expenses reports are due at the Secretary of State's office, County Clerks desks, and registrar of voters confines. We invite all our readers and candidates to read this issue's opinion page dealing with C&Es, and our C&E series in the March and April editions of The Nevada Observer.
The law on contribution and expenses appears to be direct, to the point, easy to understand. The problem, according to those who wish politicians in general would follow the law, is, "This is a toothless tiger."
Some have been caught attempting to defraud the voters of the Silver State, while so many have simply smiled benignly, and fudged on their reports. Or as so many have, filed a blank report. The law says the report must be filed.
It Was Friday The 13th For Nevada Election Law
Petition Process All But Gutted By Federal Judge. Appeal Time?
Federal Judge James Mahan has ruled two of Nevada's rules of procedure for initiative petitions unconstitutional, throwing a serious monkey-wrench in the November General Election. The forces behind the petition to legalize possession of an ounce of marijuana brought their claims to federal court, and the court ruled in their favor.
A petition to change the Nevada Constitution has worked this way up until Friday the 13th. The number of valid signatures must be at least ten percent of the number of people who voted in the last general election, and the petition must also bear valid signatures of at least ten percent of voters in at least 13 of Nevada's 17 counties.
Federal District Judge Mahan threw out the last part of that, saying it goes against the concept of one-person one vote. He implied the rule gives too much weight to rural counties. Mahan did not order the Secretary of State to put the initiative petition dealing with marijuana on the ballot, what he did say was, recount all the signatures in every county, and "if you've got the signatures, it's on the ballot."
The second part of Nevada's election law that was ruled unconstitutional is procedural, dealing with how initiatives are presented for verification. The law stated a registered voter must sign the petition and sign an affidavit verifying that others who signed the petition are registered voters. This is unconstitutional according to Mahan's ruling.
If all the counties, including massive Clark County must recount every single initiative petition that was out this year, it will be a massive job. On top of that, as of Friday the 13th, there were only 81 days to the General Election. Ballots must be printed and mailed wEll in advance in order for "early voting" to take place, as required by law.
All of this comes as county clerks and registrars of voters are gearing up for the Primary Election, scheduled for September 7. Early voting for the primary will take place August 21 through September 3.
An appeal to the U.S. Supreme Court is already underway in a similar case originating in Idaho. As we go to press, it isn't known whether Secretary Heller or Attorney General Brian Sandoval will appeal Judge Mahan's decision. It would be appealed to the Ninth Circuit Court of Appeals in San Francisco.
Because of the time restrictions, it is expected that the elections department at Secretary of State Dean Heller's office will write the necessary ballot questions just in case all the petitions covered by this ruling are in compliance.
Nevada's Drought Continues Despite Drenching Thunder Boomers
Las Vegas has been drenched lately with summertime thunderstorms, and in the north, rains have finally fallen, well behind schedule. None of which will have the slightest effect on the current drought that began in the winter of 1999-2000.
Water restrictions are in place in many of the Silver State's communities. At a recent Washoe County Commission meeting, the director of the Truckee Meadows Water Authority told commissioners the agency would begin tapping water reserves, despite ongoing conservation programs. Lori Williams said she anticipates having to use what she called "aggressive" means if the drought continues.
Lake Mead is well below its normal level, and Lake Tahoe is expected to drop below its normal rim sometime in September, maybe October. That would cut off flow to the Truckee River, which is one of the major sources of water for Reno and Sparks. Water would then be drawn from Donner Lake, and holding reservoirs such as Stampede and Independence.
Mead produces much of the water used in the Las Vegas basin, although many of the hotel/casinos with water entertainment programs draw their water from underground allocations.
What affect the continuing drought will have on the hundreds of golf courses scattered around the state isn't known at this time. Golf courses are generally considered to be the biggest users of water, more so than residential areas, or commercial sources such as manufacturing.
The last time reserve water sources had to be tapped in Washoe County was during the devastating drought of 1987-1994. During that drought the Truckee River actually dried up.
Nevada's Public Service Commission
Busy The Next Two Weeks
MAJOR FILINGS LAST WEEK
AUG 4 Application of Sierra Pacific Power Company for approval of the first amendment to the Action Plan for its 2004 Electric Resource Plan and a long-term agreement for the purchase of electricity generated from a renewable resource and associated renewable energy credits.
Docket 04-8004
AUG 4 Testimony filed in Nevada Power’s application to amend the Supply-Side Action Plan of its 2003 Electric Resource Plan (Duke Plant purchase) and authority to issue long-term debt (Docket 04-6029 & Docket 04-6030).
LOOKING AHEAD 2004
AUG 16 GENERAL CONSUMER SESSION – Elko
6 p.m. Elko Convention Center
AUG 18 Regular Agenda – 9:30 a.m.
AUG 19 CONSUMER SESSION for Southwest Gas Purchased Gas Adjustment Case / 6 p.m. PUC Hearing Room A – Carson City
AUG 24 CONSUMER SESSION for Westpac Purchased Gas Adjustment Case
6 p.m. Reno-Sparks Convention Center
AUG 25 Prehearing Conference / Sierra Pacific Integrated Resource Plan
AUG 25 Hearing / Nevada Power – Duke Plant purchase and financing
AUG 25 CONSUMER SESSION for Southwest Gas Purchased Gas Adjustment Case / 6 p.m. Sahara West Library
AUG 26 Regular Agenda – 9:00 a.m.
SEPT 4 Deadline for PUC decision on Southwest Gas General Rate Case
The Buzz Around the Silver State
From our Correspondents
Lyon County
Possible "Superfund" Status
For Closed Yerington Mine
(Yerington) --- Up until recently it was believed that the uranium that has been showing up in the tailings ponds at the old Anaconda Copper Company mine in Yerington was a recent situation, but it seems the company may have known about the highly toxic radioactive material as far back as the 1970s. Anaconda operated the copper facility from 1953 until 1978. The mine property is currently owned by ARCO, a division of British Petroleum (BP). ARCO was a division of Anaconda at one time.
U.S. Senator Harry Reid has suggested that Governor Kenny Guinn ask the federal government to name the site as a Superfund site in order to clean up the mess. The Bureau of Land Management (BLM) would be the agency to create the Superfund site. Many in BLM and state environmental offices feel the site should be cleaned up at ARCO's expense.
According to recently released papers, Anaconda Copper was looking to produce what's called yellowcake uranium at the site. The Yerington mine is the only mine site in the state that has these high levels of uranium.
What to do with high levels of uranium in both the tailings ponds and the dry tails piles is a question that hasn't been discussed publicly. Would the tails and more difficult to move, ponds have to be put in casks and buried at the yet to be licensed Yucca Mountain facility?
Another problem that has been discussed is the high level of radioactive material in the dry tails piles that gets blown all over the agriculturally rich Yerington area. Tons of produce are grown in the area and distributed all over the west.
And of course, the tails ponds could leach radioactive material into the ground water system that serves, in addition to the agriculture industry, several thousand residents of Lyon County.
•••
Elko County
Kerry/Reid In Big Flap
With Nevada Mining
(Elko) --- Senator John Kerry, the Democratic Standard Bearer in the presidential election, and his biggest Nevada supporter Senator Harry Reid, have opened what appears to be a bushel basket of problems as far as mining interests in the Silver State are concerned. Mining is the second largest industry in Nevada, and employs thousands of people at far more than the minimum wage.
The Bureau of Land Management (BLM) has proposed increases in mining fees that might cost about $2.3 million. Senator Reid, up for reelection this year, says he prefers a plan offered by presidential candidate John Forbes Kerry that BLM says will cost the mining industry in Nevada about $600 million.
Kerry is also calling for an end to patenting. In that process, a mining company, after proving the viability of an ore body, can purchase the mining property, and it's then treated as any other piece of real property, paying taxes to the county in which it sits.
Congress put a moratorium on patenting back in 1994. Although Kerry points out, rightly, that mines don't pay a federal royalty on what they extract, there are considerable local and state taxes that they are responsible for, including a mill tax, which would be considered a royalty of sorts.
Among those immediately coming to the defense of the mining industry in Nevada is Senator John Ensign who said, "Mining is at Nevada's core. It's the foundation of our history."
The issue has become highly politicized since the suggestions of increases in BLM charges and other related charges are supported by President George W. Bush.
The Nevada Mining Association along with the National Mining Association is opposed to the Kerry plan.
Some of the largest mines in North America are located in Nevada, and the economic impact would be considerable according to Ensign. Kerry has said he wants to use the increased funding to support service sector jobs in national parks.
•••
Washoe County
Possible New Parkland Near Reno
Following County Commission Meet
(Reno) --- Washoe County Commissioners have voted to attempt to become owners of the 1,019 acre Ballardini Ranch on the southwestern outskirts of Reno. Evans Creek, LLC, owners of the property may end up being served with a notice that the county will file eminent domain papers if a reasonable price isn't negotiated.
The property has been appraised at $19 million, but Evans Creek is saying that is too low and wants much more. The commissioners on a vote of 4-1 will continue to pursue purchasing the property, which is at the base of the Sierra Nevada and offers immediate access to National Forest land.
For more on this and other county news, got to http://www.co.washoe.nv.us.