Vol. 2,  No. 16          June 15, 2005

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CRIMINAL DEFENSE
JOHN E. OAKES, ATTORNEY AT LAW
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Business As Usual -- Legislative Session Ends With Yet Another Special Session
Next Election Cycle Well Under Way With Gubernatorial As Highlight
Big Boys Not Able To Anoint This Year But Their Money Is Still Very Obvious
by Johnny Gunn

Following what many concede as a lackluster, almost inept legislative session, all the preening and primping has started for the 2006-election cycle. The just completed legislature will be known as the session that brought about a property tax cap, not for the sloppy handling of budget issues at the end of the session. They will be remembered for the tax rebate that might still come back and bite them in a delicate place on the body.

Those members of the legislature that plan to run for reelection in 2006 will be faced with some anger from that part of the general public that can remember 2005. Legislation was changed without the public knowing about the changes, without the public knowing about amendments, without the public being able to give any input. That is the essence of the 2005 legislative session. Oh, yes, and the fact that after squandering the first 60 days, a special session had to be called, and called, and called again.

Voters -- that is, the general public -- changed the constitution in 1998 demanding the legislature meet for only 120 days every two years. Since that time there have been three general sessions of the body and six special sessions. Meaning of course that these zealots of efficiency have wildly spent your money because they can't do their job.

SPECIAL SESSIONS
  • 2001: Special session called for redistricting
  • 2003: Special session called before the regular session (dealt with malpractice insurance issues)
  • 2003: Two Special sessions in order to pass state's largest tax increase in history
  • 2004: Special session for Kathy Augustine impeachment
  • 2005: Special session to do what should have been done during first 60 days

 

Calls for election and campaign reform were ignored. The Secretary of State still has no authorization to bring charges of wrongdoing on falsified Contributions and Expenses (C&E) reports unless a citizen complains. Bundling of expenses and charging everything to an advertising agency still exists. Data bases for allowing the public to know exactly where contributions come from is not on board the election laws. For the upcoming 2006 election cycle it will be business as usual.

Counties are not required to post C&E reports of local politicians on county web sites, and still charge outrageous fees to get copies of the reports. There is a continued effort from the local level through the state level in Nevada for "government of, by, and for politicians and bureaucrats."

Following the Kathy Augustine debacle, there was hope that at least there would be reform within the ethics commission, or in the ethics laws. No, no. no. Those senators that folded following Augustine's impeachment in the Assembly will be remembered during the 2006 election. Maybe.

As far as the Legislative Council Bureau's handling of the legislative process, someone should begin a serious investigation. Bills that are brought before the legislature are required by statute to have a "digest" attached unless there is some extreme reason for not having one. Well, just because you're very busy shouldn't become a reason not to attach a digest.

Hundreds of bills came before the legislature this year with no digests. The digest is designed to offer the fundamental meaning of the bill in question, and for those coming before committees to testify, for those looking at the bills, it gives quick, concise look at the legislation. Several bills this year ran to almost a hundred pages, giving no one the opportunity of a quick, honest appraisal of the bill.

It is safe to assume since much legislation passed unanimously in both houses, that many of those long and difficult pieces of legislation were not read by the members before passage.

According to figures released by the Nevada Taxpayers Association, legislative appropriation totals for the session came to $6,076,688,806. Of that total, $205,923,527 is not included in the Executive Budget as outlined by the governor.

One question that will have to be answered before Election Day, 2006 is why the leadership of both houses -- of both political parties -- allowed this to happen. The leader of the Assembly, Richard Perkins, says he isn't planning to run for reelection, but rather, he wants to be governor. His leadership qualifications may be in dispute.

There are others that have come forward wanting to inhabit the governor's mansion. Senate Minority Leader Dina Titus has said she will run for governor, recently selected University System Chancellor Jim Rogers is being discussed for the job, and front runner Congressman Jim Gibbons continues to bring in money for his campaign. Several polls have already been conducted indicating that Representative Gibbons would win his party's nomination and the general election if they were held now.

As with anything dealing with numbers, polls can be manipulated and be very open to indicating whatever the pollster wants the poll to show. It is interesting however, this early in the cycle, to find so many polls all coming out with almost similar results.

Lame Duck Governor Kenny Guinn was elected as a Republican, anointed by powerful interests in southern Nevada, and those interests it seems don't particularly want Gibbons in the governor's chair. Therefore, Governor Guinn has come out apparently favoring Rogers. One must pay one's debt when in politics.

Gibbons considers himself fiscally responsible and has criticized the governor at many opportunities about his fiscal programs, particularly the huge tax increase Guinn jammed down the legislature's throat in 2003. Gibbons has served in Congress for 14 years.

Although some of his detractors like to say he is a loose cannon when it comes to his public comments others, particularly those who vote in the 2d Congressional District, admire the man for saying exactly what's on his mind. In 2004 Gibbons wasn't even challenged for reelection. Is Gibbons a reflection of John McCain or the other way around?

Rogers said when he was appointed University Chancellor that if appointed, he would not run for an elective position. Some University Regents are confused by the current situation. Rogers recently said, "I gave them my word and I meant it."

With Representative Jim Gibbons in the race for governor, there are many lined up wanting to replace him in Washington, among them his wife Dawn Gibbons. Also announced are current Secretary of State Dean Heller and Assemblywoman Sharron Angle. The 2d Congressional District is heavily Republican and it's expected the campaign will be filled with phrases such as "fiscal responsibility," "fiscal conservative," and "irresponsible judges."

Dawn Gibbons served several sessions in the legislature, and is well known for being a successful small businesswoman in private life. Considered the front runner at this time, Gibbons has been traveling about the state lining up support and money. Gibbons has indicated to The Nevada Observer that her main competition at this time is Heller who has also been out gathering money. Angle just recently joined the fray and is considered the most conservative member of the legislature, and surely the most conservative of the current candidates for the congressional seat.

The other two congressional seats will also face reelection, but it is all quiet on those fronts. It would be difficult from this distance to think someone might seriously challenge Jon Porter, but stranger things have happened in Nevada politics.

All of the major state offices will be open to challenge this year. Term limits will force the Governor, Lt. Governor, Attorney General, Secretary of State, Treasurer, and Controller to vacate their positions. So far the main activity has been centered on the governor's seat and the 2d Congressional District. Each of the state office holders will come into office with a generous raise.

Governor Guinn signed AB 462 giving all the state office holders a raise of about 20 percent and cost of living increases for legislators. The governor will make $141,000 annually, up from $117.000. The Lt. Governor will have a salary of $60,000 plus per diem during legislative sessions. The Attorney General's pay will increase to $133,000, and the Secretary of State, Controller, and Treasurer will receive pay increases of $17,000.

It's still a long way to the Primary Election, 2006, but it's safe to say, the heat is on. Since the Legislative Session of 2003 and that massive tax increase the 2006 election has been underway, and the recently ended Legislative Session added grit and grime to the effort.

The games have begun.

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