Vol. 1, No. 24
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Oct. 15, 2004
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CRIMINAL DEFENSE |
COPYWRITING
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Democrat Group Calls For End To Campaigning By Republicans
"Ridiculous" Says Dean Heller, Adds "Appalling," And "Regretful"
In what appears to be a form letter sent to several Republican Secretaries of State, the group America Coming Together has called for an end to campaign appearances on behalf of President George W. Bush by the office holders. The Liberal group called Nevada Secretary of State Dean Heller a "Republican operative."
Heller responded by saying the letter and its charges of politicking "ridiculous." Heller went on to say, "I find it appalling and regretful that any group would try to smear my good name strictly as a publicity stunt."
Heller spokesman Steve George has said, " ... Dean is obviously one of the most nonpartisan politicians in the state." He specifically brought up the issue of the very close race between Senator Harry Reid, a Democrat and Republican John Ensign. A statewide recount, overseen by Heller, named Reid the winner by 428 votes.
America Coming Together implied there were Republican led "voter suppression" efforts in Nevada. This is the only time this type of charge has surfaced, and efforts to contact the group by The Nevada Observer have failed. There is no evidence anywhere that Dean Heller or anyone on his staff is involved in any kind of illegal voter suppression, or for that matter, anything illegal.
Heller says, "I guess the people behind this are desperate to paint anyone who does not toe their line and support their candidate is partisan."
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Campaign Contributions Charges
Leveled Against Chad Christiansen
Democratic candidate Justin Jones, looking to unseat Republican Chad Christensen in Assembly District 13 has filed charges of campaign contribution violations against his opponent. The Secretary of State's elections deputy, Ronda Moore has ordered Christensen to respond to the complaint by October 19.
Jones claims the Assemblyman made a personal loan to himself from his campaign funds, and paid his brother some $23,500 for "consulting." According to Christensen's C&E report, he had $47,000 in contributions and $106,000 in expenses.
| Jones claims the Assemblyman made a personal loan to himself from his campaign funds, and paid his brother some $23,500 for "consulting." |
In the complaint, Christensen loaned himself $3,500 on January 7 of this year but didn't repay that until August 26.
Christensen has already been fined once this year for campaign finance law violations. In April, the Secretary of State levied a fine of $4,500 for 52 violations of finance law.
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Early Voting October 16-29
C&E Reports Due October 26
For those who have already made up their minds, Nevada's early voting is a pleasure indeed. Rarely does one have to put up with lines, but following a couple of mishaps during early voting in the Primary Election, it is best to pay close attention to what happens at the polling place.
During the Primary Election, some voters registered with one party were given electronic ballots for another party, and election workers weren't as familiar with the new electronic touch-screen voting system as maybe they should have been
The General Election is actually scheduled for November 2, and regardless of when you vote, nothing will be counted until after polls close on November 2. Because of lawsuits brought by those in favor of or those against some of the initiative petitions circulated around the state, there was a question on whether or not ballots would be available for members of the armed services serving out of state.
Absentee ballots are being sent, and although many changes have been made, sample ballots will be in the mail with time to spare. Barely.
With a week to go before the General Election, candidates must file Contributions and Expenses (C&E) reports October 26. If you are one of those who wonders where the money comes from (Where's The Money???), these reports are full of mysteries and conspiracies. Hundreds of thousands of dollars being contributed, hundreds of thousands of dollars being spent, and after reading the reports, often, one still doesn't know, Where's The Money.
Bright Economic Picture Continues Jobless Rate Lowest Since 9/11
Sales Tax Figures Also Strong As Holiday Season Approaches
At the national level, thousands of new jobs are being claimed while the number of people filing for unemployment benefits continues to drop. In Nevada, the unemployment rate has dropped to four percent, "... a level not seen since before the September 11 terrorist attacks," in the words of Governor Kenny Guinn.
Las Vegas matched the state figure at four percent while Reno came in at an incredibly low 3.2 percent. A figure under four percent is generally considered full employment meaning that those who want to work have a job.
The national figure stands at 5.4 percent, and California's rate is 5.8 percent.
More people work in service jobs in Nevada, about 969,000, while hotels and gaming employ about 209,000, and construction jobs total about 116,000. Almost 130,000 people work in a government job in Nevada, and slightly less than 10,000 work in Silver State mines.
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Sales tax figures for July, released by the state Department of Taxation, show Nevadans have been spending lots of money in the stores and businesses around the state. Taxable sales for July, 2004 were almost $3.5 billion, 14.8 percent above the same month a year earlier.
Clark County led the way with taxable sales of $2.51 billion, an increase of 16.5 percent, while Washoe County sales were $536 million, up 10.1 percent. Three counties didn't fare as well as the rest of the state. Esmeralda, Eureka, and Mineral Counties reported decreases in their taxable sales.
Two counties that have faced economic problems recently showed nice gains in taxable sales. Nye County was up 33.7 percent at $36 million in sales and White Pine County was up 56 percent with sales of $10 million.
During the tax hearings at the last legislature, increases of about 5.6 percent had been projected, and the current figures are well above that. There have been continued calls for a rollback of the massive $833 million tax increase passed two years ago.
In July, $71 million were added to state coffers.
PUC Action For Two Major Power Concerns In Nevada
Nevada Power To Build-out Moapa Gas Fired Plant
Fearing that continued growth in western states might lead to another shortage of power like the one that happened two years ago, the state Public Utilities Commission (PUC) has given the green light to Nevada Power to buy the Moapa gas fired facility. Called the Moapa Energy Facility and originally planned by Duke Energy Corporation, the plant will generate 1200 megawatts of energy.
The PUC gave Nevada Power the right to finish the project on a unanimous vote, and then called the new facility critical to maintaining power supplies for southern Nevada.
Nevada Power spent $182 million to purchase the Moapa plant, about 20 miles north of Las Vegas, and plans to spend another $376 million to build-out the facility. The PUC allowed incentives based on return on equity and timeliness of completion of the plant for the project. The project cost was trimmed back to about $367 million by the PUC.
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Southwest Gas Gets Fat Increase From Commission
Southwest Gas officials had requested a rate increase of about $16 million and got an early Christmas present from the Public Utilities Commission. Instead of a five- percent raise, Southwest was given a boost to 9.25 percent, which should generate more than $30 million. The rate increases are expected to go into effect December 1.
The rate increase in the north was to be 2.6 percent, and the PUC raised that to 9.25 percent as well, about three times what Southwest had asked for.
The wholesale price of natural gas has been climbing steadily recently and sits at or slightly below six dollars per one million BTUs. A BTU is a British Thermal Unit. Just a year ago the price was at about $2.50.
Southwest Gas doesn't have any of its own wells and must purchase gas from wholesale marketers.
This is the fifth rate increase in a year for Southwest.
Nevada Congressional Delegation In Favor Of Sales Tax Deduction
Residents of states with income taxes have been able to deduct the state tax from their federal income tax liability while residents of states not having an income tax have been left in the cold. The House of Representatives just passed a measure to correct the situation.
If the bill is also passed by the Senate, and this appears to be a given, and signed by President George W. Bush, again a given, Nevadans will be able to deduct the sales tax they pay during a year from their federal income tax liability.
The Nevada delegation, Representatives Jim Gibbons (R), Jon Porter (R), and Shelley Berkley (D) voted in favor of the legislation. The change in the law could bring a savings of between $200 and $600 a year to Nevadans.
A table will be used to estimate sales tax based on the income of a family, and the number of people in the family, or a taxpayer can save all the receipts during the year. For someone making large one time purchases, such as vehicles or home improvements, that would probably be the better way to go.
According to Representative Jim Gibbons, the tax bill also includes an energy production tax credit for geothermal energy producers. Gibbons hopes this will generate more geothermal production in the Silver State, a state with large amounts of geothermal activity.
Tax Regulation Workshop To Discuss Licensing Trusts
The Nevada Taxation Department will hold meetings in Carson City and Las Vegas on October 21 to discuss possible changes to the business license requirements on trusts and estates. The changes that might come from these meetings will affect the Nevada Administrative Code Chapter 360.760(1), 360.764, and 360.770.
Drafts will be prepared using this input and will be submitted to the Legislative Counsel Bureau. Public hearings before the Nevada Tax Commission will also be scheduled according to a public notice posted by Dino DiCianno, Deputy Executive Director, Department of Taxation.
The meeting in Carson City will be held in the Nevada Legislative Building on South Carson Street, Room 2135, while the meeting in Las Vegas will be held in the Legislative Counsel Bureau offices in the Grant Sawyer State Office Building on East Washington Avenue, Room 4401. The meetings will include video conferencing.
For more information on Department of Taxation matters, go to http://tax.state.nv.us.
Ninth Circuit Court Might Get Split
In a close 205-194 vote, the House of Representatives has voted to split the Ninth Circuit Court of Appeals, the largest of the appeals courts. Currently the court covers a vast area of nine states and two Pacific Ocean territories. The vote somewhat followed party lines.
What would remain of the Ninth Court would be California, Hawaii, Guam and the Northern Marianas Islands.
Nevada would become part of the 12th Circuit Court along with Arizona, Idaho, and Montana. The new court would have administrative homes in Las Vegas and Phoenix. A 13th Circuit Court would be formed to include Alaska, Washington, and Oregon.
The Nevada Congressional Delegation was split on the vote with Representatives Jim Gibbons (R) and Jon Porter (R) voting with the majority and Representative Shelley Berkley (D) voting against.
Nevada Senator Harry Reid (D), said there is little chance the bill will pass the Senate. There isn't enough time in this session was his response.
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Feds Rolling Over On Yucca? Sandoval Seems To Think So
Attorney General Brian Sandoval is under the impression that the Federal Government won't appeal the recent decision raising the bar on radiation standards at Yucca Mountain. Those standards had been based on safety to the 10,000 year level, but the court said that is not what it should be, suggesting that something in the neighborhood of 250,000 years would be safest.
Sandoval said the Department of Justice "has determined that it will not pursue an appeal to the U.S. Supreme court." He claims this "is a resonant indicator of the strength of Nevada's legal position on Yucca Mountain."
According to a press release from the Attorney General's office, the Nuclear Energy Institute, a private lobbying organization for the nuclear energy industry continues to pursue an appeal.
There has been no further word from Washington regarding the lawsuits that have been filed by companies that produce nuclear power. The Department of Energy (DOE) has contracted with several nuclear power giants to dispose of their nuclear waste, and is unable to do so. Lawsuits have been filed in the matter, and some close to the matter say the default fines and charges could be measured in billions of dollars.
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New Legal Beagles For University Following Open Meeting Violations
Open Meeting Law violations and censures, people being tried and fried in secret, and some University System Regents still say they did these things because their legal representation said it was OK, it was legal, there were no problems. Well, Interim Chancellor Jim Rogers believes there are problems and he has put together a new staff of legal advisors for the system.
Former Regent Dan Klaich will take over as the top legal authority for the System, replacing Brooke Nielsen. Nielsen will remain on the team. Rogers will have a system attorney in place at UNR and UNLV. An attorney for CCSN will also supervise legal matters at Nevada State College in Henderson, while an attorney at Truckee Meadows Community College will also oversee legalities at Great Basin College in Elko, the Desert Research Institute in Reno, and Western Nevada Community College in Carson City.
Nielsen took over the System's legal affairs after several complaints were filed with the Attorney General's office over Open Meeting Law violations and the head of the legal department, Tom Ray stepped down. It was Ray who had told the Regents that they were not in violation of the Open Meeting Law. Apparently both Nielsen and Ray will stay on, but it will be Dan Klaich calling the shots.
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West Nile Continues Spread Winter Flu Coming On Strong
Health agencies are saying the West Nile Virus is continuing its spread through Nevada, and international health officials have found serious problems with the manufacture of the vaccine that was going to be used this year to combat influenza. Most health officials fear wintertime influenza more than the West Nile Virus. West Nile kills far more farm animals and birds than people, and according to recent statistics, most people who contract West Nile aren't even aware they have the disease.
Statewide, Clark County has 18 confirmed cases of the virus, while Washoe County has two. The county with the largest percentage of its population being sickened by the virus is Churchill with ten cases confirmed. Carson City, Lyon, and Douglas have also confirmed one case each.
Flu vaccine in the meantime is going to be in short supply this winter following the discovery of tainted supplies coming from Europe. The very young and the very old are most at risk for influenza.
The Buzz Around the Silver State
From our Correspondents
White Pine County
It Was A Good Year
(Ely) --- According to railroad museum boss Mark Bassett, it was a good year for the operation, with ridership up, and several projects either being completed, or being contemplated.
Bassett, the Executive Director of the White Pine Historical Railroad Foundation says the Nevada Northern will be running their ghost trains October 16, 23, and 30. All trains depart at 7:00 p.m. and reservations are recommended.
Currently the photography show "Railroads and Photography: 150 Years of Great Images" is on display at the museum, in the Transportation building. The museum, open to the public of course, is located at 1100 Avenue A, in East Ely.
A trip to White Pine County without a visit to the railroad museum is a wasted trip. The Nevada Northern will belch black smoke and hot steam with the best of them.
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Elko County
Casino Express Adding Flights
(Elko) --- McClaskey Holdings, operators of the Red Lion Inn and Gold Country Inn in Elko also operates Casino Express Airlines, and is about to add 15 flights per month to its schedule. The airline is expected to bring slightly less than 5,000 visitors to this eastern Nevada community monthly with the new flights.
McClaskey CEO Annette Kerr says she is seeing an increase overall in the Elko County economy, and in particular at the casinos. She also mentioned McClaskey is looking for employees in many categories of work.
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Douglas County
Flap Over Runway Use May Ground Gliders
(Minden) --- Runway 21 at Minden-Tahoe Airport has been closed to use for some time, but glider pilots have been using the runway when certain wind conditions make landing on the main runway unsafe. There is speculation that pilots may find themselves facing legal problems in the future if they are found to have used the runway.
According to the rules and laws in effect, the airport manager does have the right to banish pilots for rule infractions. Minden-Tahoe Airport is home to fire fighting agencies and their aircraft, as well as several glider-pilot training companies and private glider aircraft. Private powered aircraft also call Minden-Tahoe home.
According to Douglas County officials, no one has been cited for using runway 21. There are more than 30 gliders using the airport on a year-around basis, and more transient flyers coming in during the summer months.