Vol. 2, No. 10
.jpg)
Mar. 15, 2005
 |
 |
 |
 |
 |
 |
 |
 |
| . | |||||||
 |
CRIMINAL DEFENSE |
COPYWRITING
|
|
Top Story: Reform And The 2005 Legislature
The Good, The Bad And The Ugly
A Look At Some Of The Bills Proposed In The 2005 Legislature
__________
This review of proposed legislation in the 2005 session will be augmented and revised until the legislators adjourn and return to their homes.
The abbreviations used here are the same as those used on the Legislature's excellent website. All bills can be tracked from the Legislature's Bill Information page.
-
SB (Senate Bill)
-
SJR (Senate Joint Resolution)
-
AB (Assembly Bill)
-
AJR (Assembly Joint Resolution)
The Good
Senate Bills
SB 6 Grants subpoena power to Attorney General to enforce Open Meeting Law.
Introduced by: Senate Standing Committee on Government Affairs
Comment: This long-needed reform should help maintain openness and public confidence in government.
SB 7 Makes certain opt-out provisions in contracts with consumers unenforceable under certain circumstances.
Introduced by: Wiener
Comment: This bill makes contracts, in which businesses can run up charges on credit cards unless the victim objects, a deceptive trade practice.
SB 9 Increases amount by which certain hospitals are required to reduce or discount certain charges billed to certain uninsured patients and to patients who are eligible for Medicare.
Introduced by: Senate Standing Committee on Human Resources and Education
Comment: This bill helps people with limited financial resources cope with Nevada's high hospital bills.
SB 29 Requires policies of health insurance to provide coverage for certain treatments for cancer.
Introduced by: Mathews and Townsend
Comment: This bill requires insurance companies to cover payments for various treatments for cancer in its early stages.
SB 160 Requires State Public Works Board and certain state agencies to provide notice and hearing before letting contract for new construction or major repairs on state property.
Introduced by: Cegavske, Beers and Hardy
Comment: This bill has the feature of ordinary prudence and good practice in letting bids.
SB 140 Revises provisions governing financial disclosure statements of candidates for certain public offices and certain public officers.
Introduced by: Care and Titus
Comment: This bill would require additional financial disclosure from candidates and public officials, and although the bill has no provisions for the punishment of violators and falls short of the changes recommended in previous sessions by Secretary of State Dean Heller (see the voluntary disclosure requests sent out by Heller, which have apparently been ignored by 27 Legislators), it's still a good start to badly needed reform in this area.
Assembly Bills
AB 2 Prohibits issuance of gift card or gift certificate that contains expiration date.
Introduced by: Hardy
Comment: This bill protects consumers against an abusive rip-off practice by businesses.AB 6 Prohibits imposition of sentence of death upon person for crime committed while person was under age of 18 years.
Introduced by: Giunchigliani
Comment: Originally reckoned a bad idea for the following reasons: Nevada law prohibits the death penalty for persons under 16 years of age, and limits imposition of the death penalty to certain specific circumstances. Where these circumstances are present, why spare a 17 year old when an 18 year old would be executed for committing the same crime? However, on March 1, 2005, the US Supreme Court decided the case of Roper v. Simmons, so the bad idea underlying this bill is now the law of the land.
AB 132 Revises provisions governing provision of safe and respectful learning environment in public schools.
Introduced by: Hardy, Denis, Allen, Buckley, Gansert, Goicoechea, McCleary, Mortenson, Oceguera, Seale, Sherer, Sibley, Heck, Hardy, Cegavske, Nolan, and Tiffany
Comment: This is essentially a bill to require public schools to crack down on assorted bullies who try to intimidate or harass other persons in the school. The problem addressed by the bill is common to many schools, and has been for generations. This first step toward solving the problem is welcome, and long overdue.
The Bad
Senate Bills
SB 2 Makes appropriation to State Distributive School Account to ensure that amount of money expended per pupil meets or exceeds national average.
Introduced by: Schneider
Comment: This "hole-in-the-bucket" bill ensures taxing and spending, but doesn't ensure that the money is well spent or produces any real result. It is about as sensible as a bill "to ensure that all pupils meet or exceed the national academic average."
SB 10 Limiting to certain counties right of state residents to petition board of county commissioners concerning use of public roads.
Introduced by: Senate Standing Committee on Transportation and Homeland Security
Comment: Why should the rights of all state residents be limited in or to certain counties?
SB 13 Revises provisions governing authority of peace officers to make arrests for certain offenses.
Introduced by: Senate Standing Committee on Transportation and Homeland Security
Comment: This bill would allow a police officer to make a subjective determination of whether or not to arrest and jail a person who would only receive a traffic citation under the present law. While most police officers are reasonable, not all of them are. This proposed law has too much potential for "badge-heavy" abuse.
SB 28 Creates crimes of video voyeurism and distribution of product of video voyeurism.
Introduced by: Cegavske
Comment: Lawsuits for invasion of privacy and civil injunctions already address the objectionable aspects of this problem. The resources of the police and criminal courts are limited, and the proposed wording of the "video voyeurism" law leaves people of ordinary intelligence guessing at what the statute would actually prohibit.
SB 158 Establishes fund to provide grants for economic development in rural areas and blighted areas of larger counties.
Introduced by: Titus, McGinness, Rhoads, Townsend, Care, Carlton, Horsford, Mathews, Schneider, Claborn, Sherer, Carpenter, Goicoechea, Grady, Hogan and Pierce
Comment: This "full heart, empty head" bill would make a revocable $10 million appropriation for a Commission on Economic Development, administered by the State Lieutenant Governor, for grants to public and private entities. The bill doesn't specify any standards for making the grants, nor is there any statement of specific intended purpose. Despite the title of the bill, which sounds good until you read its text, its application is not restricted to larger counties. Furthermore, the definition of a "blighted area," which determines eligibility for the grants, includes things like "the existence of lots or other areas which may be submerged;" "the subdividing and sale of lots of irregular shape and form and of inadequate size for proper usefulness and development;" "the laying out of lots in disregard of the contours and other physical characteristics of the ground and surrounding conditions;" and the existence of inadequate streets, open spaces and utilities." This bill has every appearance of a thoughtless $10 million give-away. At least it gives the Lieutenant Governor, who as of March 7, 2005, hasn't had an activities update on her website in over 3 years, something to do.
Assembly Bills
AB 7 Prohibits civil compromise of certain misdemeanor offenses.
Introduced by: Assembly Standing Judiciary Committee
Comment: Existing law allows a person who is accused of a misdemeanor offense to enter into a civil compromise (agreement) with the victim to drop the criminal charges. This "clog-the-courts-and-jails" bill would eliminate the right of the people involved to make that choice for themselves. In addition to being inflexible, the bill has an arrogant underlying assumption -- it presumes that in every instance the State knows better than the people who are directly involved what's good for them. The limited resources of the police and criminal courts don't need this additional burden, and the public shouldn't have to pay for it.
AB 10 Prohibits civil compromise of battery that constitutes domestic violence.
Introduced by: Assembly Standing Judiciary Committee
Comment: This bill has the same problems as AB7.
AB 11 Repeals prohibition against certain use by governmental entity of photographic, video or digital equipment for gathering evidence for issuance of traffic citation.
Introduced by: Assembly Standing Committee on Transportation
Comment: This "Big Brother" bill is a thinly-disguised revenue gathering device for local government. If the proposed law went into effect, huge numbers of citizens could be cited for speeding, wide turns, improper lane changes, failures to come to a full stop, etc. Our republic doesn't need police state measures like video road monitoring for minor traffic infractions, nor should people be expected to drive perfectly at all times. Furthermore, citizens can't afford to pay the price which this "video justice" bill would exact. You do the math -- multiply the number of your inadvertent traffic offenses by the dollar amounts of the standard fines and administrative assessments imposed in your home town. Now think about the inadvertent traffic offenses of your neighbors and friends. If AB11 passed, it would be a lucrative racket for local governments at the expense of everyone else.
AB 19 Prohibits issuance of gift certificate that contains expiration date and prohibits issuer of gift certificate from charging fee for inactivity to buyer or holder of gift certificate.
Introduced by: Parks
Comment: This bill is an inferior version of AB 2. AB19 does not regulate gift certificate rip-offs where the amount involved is under $50 and the fact of an expiration date is printed on the certificate.
AB 21 Prohibits civil compromise of certain misdemeanor offenses.
Introduced by: Gerhardt
Comment: This bill has the same problems as AB7 and AB10.
AB 72 Increases penalty for subsequent convictions within 3-year period for use of drug paraphernalia or possession of drug paraphernalia with intent to use drug paraphernalia.
Introduced by: Mabey
Comment: This bill is another "clog-the-courts-and-jails" proposal, and since the defendant presumably would only have the paraphernalia and no drugs, there's not even a drug dealer to "snitch off."
AB 123 Prohibits use and possession of electronic stun devices under certain circumstances.
Introduced by: Assembly Standing Judiciary Committee
Comment: This odd bill, in addition to other provisions, makes the use of a "stun gun" a felony if not used in self defense -- except for police. The bill does not provide for any lawful use of a "stun gun" in the defense of others, or for the defense of property, which are both legitimate justifications for the use of other weapons. In this sense the bill is too restrictive. It is difficult to understand the rationale of allowing a police exception as well. If there's something wrong with using a "stun gun" except in self-defense, why wouldn't it be wrong for the police? If the bill is directed at "stun gun" abuse, there are already adequate criminal laws on the books for various grades of assault. A victim of "stun gun" abuse can also sue the perpetrator in civil court for damages. These facts raise the question of why the bill is necessary or even desirable. If the purpose is to regulate public behavior in situations which don't involve self-defense, why is the bill directed only at "stun guns"? All in all, this bill doesn't make much sense.
AB 124 Prohibits operation of audiovisual recording function of device in motion picture theater.
Introduced by: Assembly Standing Judiciary Committee
Comment: This bill is another piece of unnecessary legislation. If copyright infringement is the problem this bill is supposed to solve, copyright holders have plenty of civil remedies already available. In addition to these remedies, if the theater management sees someone trying to take a videotape of a film, they can "86" them from the theater. This bill makes Nevadans pay police and court costs to help major motion picture producers, who already have plenty of money from ticket sales. The bill has nothing to recommend it to ordinary citizens and taxpayers.
AB 142 Authorizes certain persons to have personal information contained in certain public records kept confidential in certain circumstances.
Introduced by: Assembly Standing Committee on Government Affairs
Comment: This bill would make secret Department of Motor Vehicles (DMV) and Assessors' information on the home addresses of a very large number of public officers and other individuals. Whatever merit the concept might have had originally is spoiled by the sprawling overbreadth of the bill's secrecy provisions. The Las Vegas Review-Journal published a thought-provoking editorial on the provisions of this bill on March 1, 2005.
AB 165 Revises provisions governing continuances of matters before planning commissions in larger counties.
Introduced by: Kirkpatrick, Parks, Ohrenschall, Goicoechea, Allen, Arberry Jr., Atkinson, Christensen, Claborn, Conklin, Denis, Gerhardt, Giunchigliani, Grady, Hardy, Hettrick, Hogan, Horne, Koivisto, Manendo, McClain, McCleary, Munford, Oceguera, Seale, Sibley, Smith, Hardy and Horsford
Comment: This bill basically would allow more continuances for developers at Planning Commission meetings in Clark County. Existing law limits the number of continuances to 2, unless the applicant makes a showing of good cause. The bill allows "good cause" to include a desire to revise plans, engage in negotiations or engage an attorney, and also exempts from the 2-continuance requirement continuances requested on behalf of another person. The changes indulge contractors and developers at the expense of prompt resolutions by the Planning Commission.
AB 172 Makes appropriation to Women's Research Institute of Nevada at University of Nevada, Las Vegas.
Introduced by: McClain, Koivisto, Giunchigliani, Smith, Parnell, Buckley, Claborn, Conklin, Denis, Gerhardt, Kirkpatrick, Leslie, Ohrenschall, Pierce, Weber, Titus, Wiener and Carlton
Comment: The problem with this $300,000 bill is that it makes no provision for how the money is to be spent. This is very slovenly practice. The Women's Research Institute of Nevada at UNLV no doubt has many worthy projects worth funding, but the bill should state which ones are included in the appropriation.
The Ugly
Senate Bills
SB 11 Expands circumstances under which certain officers and employees in smaller counties may permissibly acquire interest in property within redevelopment area.
Introduced by: Senate Standing Committee on Government Affairs
Comment: This bill facilitates corrupt transactions by permitting public officers to profit from deals they're supposed to be supervising.
SB 48 Makes various changes relating to collection of debts owed to State.
Introduced by: Senate Standing Committee on Government Affairs
Comment: This bill is designed to impose harsh surcharges on people who owe money to the State, like taxpayers. Starting with debts of as little as $100, the bill permits the State to add a surcharge of up to 25% of the amount due or $50,000, whichever is lower. Note that this sharply regressive scheme penalizes small debtors, but large debtors are allowed to pay smaller percentages of their total debt if they owe the State more than $200,000. Compare this approach with that of SB 138, in which the State is the debtor, but reserves the right to refuse to credit overpayments of State taxes by a citizen to taxes he owes. At this point the basic idea should be clear -- the philosophy underlying this bill regards citizens as subjects to be exploited. The bill is an excellent example of the current Nevada python principle of government -- "Put the squeeze on 'em." This pernicious outlook should be emphatically rejected at the ballot box.
SB 67 Authorizes general improvement district to file petition in bankruptcy pursuant to the Federal Bankruptcy Act and clarifies status of general improvement district as municipality.
Introduced by: Senate Standing Committee on Government Affairs
Comment: This bill enables inefficient and ineffective government practices, and gives scoundrels an unneeded opportunity as well. Why not take the time to enact laws with prudent checks and balances to ensure diligent and honest government, so that a declaration of bankruptcy wouldn't be necessary?
SB 117 Revises provisions governing report of lobbyist filed with Director of Legislative Counsel Bureau.
Introduced by: Titus
Comment: This bill requires lobbyists to tell legislators in advance that they'll be named in a particular lobbyist's mandatory expense report. It is difficult to see what constructive public purpose would be served by this requirement, which offers ample opportunity for collusive reports.
SB 119 Revises provisions governing privileges of certain review committees.
Introduced by: Heck, Nolan, Amodei, Washington, Anderson, Conklin, Oceguera, and Sibley
Comment: This bill essentially provides for secret licensing and regulation hearings for emergency medical service providers. The result is to keep important information about the quality of emergency health services from the public. This is a special interest bill which promotes an asocial government secrecy policy and only benefits a special interest -- in this case, and for now, emergency medical service providers in Clark County.
SB 138 Limits circumstances in which overpayments of taxes may be applied to underpayments in another reporting period to reduce penalties.
Introduced by: Senate Standing Committee on Taxation
Comment: This "Sheriff of Nottingham" bill adds to the possibilities of chiseling taxpayers who have overpaid in one tax period, but owe money in another. The bill would permit the State to refuse to credit the overpayment unless the taxpayer has performed to the State's satisfaction. Compare this approach with that of SB 48, in which persons who owe money to the State would have to pay a 25% surcharge in addition to their debt.
SB 147 Increases amount of general obligation bonds that State Board of Finance is required to issue to provide grants to certain water systems.
Introduced by: Senate Standing Committee on Natural Resources
Comment: With $638 million in taxes raised by the Legislature in 2003 -- an unnecessary increase according to the Nevada Policy Research Institute -- this bill would mandate the issue of $10 million in bonds to give money to some water systems. Of course, interest has to be paid on those bonds, and the public has to pay it. If the Legislature wants to give money to water systems, take it out of the existing tax revenue.
SB 150 Prohibits false or fraudulent complaint against public officer or employee.
Introduced by: Senate Standing Committee on Government Affairs
Comment: A truly wretched idea. This bill would criminalize any "false or fraudulent complaint" against any public officer or government employee, without defining the terms "false" or "fraudulent." The bill would also make government employees a privileged class since the remaining citizens of Nevada have no such protection, and would inhibit the reporting of abusive practices by public officers and government employees. The Las Vegas Review-Journal published an editorial on March 6, 2005, under the headline "Better Off Dead," denouncing the provisions of this bill.
SB 162 Prohibits public officer or employee from using governmental time, property, equipment or other facility for activities relating to political campaigns and preparation of certain reports.
Introduced by: Horsford+, Titus, Carlton+, Care*, Wiener, Beers*+, Cegavske*, Hardy*+, Heck*, Lee+, Mathews, McGinness*+, Nolan*+, Rhoads*, Schneider, Tiffany*+, Giunchigliani, Sherer, Ohrenschall+, Buckley+, Gerhardt, Hettrick, Marvel, McCleary+, Parnell, Perkins+, Pierce and Seale
(* voted against impeachment of State Controller Kathy Augustine in 2004 on one or more charges; + no voluntary disclosure statement on file on the Nevada Secretary of State's website)
Comment: This bill transforms acts of public officials, which are presently crimes under NRS 205.0832 (Theft) and NRS 205.300 (Embezzlement), into "ethics violations." The bill would have this effect because of two rules of statutory construction: specific statutes control over general statutes (like this one, which provides that acts which are otherwise crimes are treated as ethics violations if the acts are committed by public officials); and statutes enacted later control over statutes which were enacted earlier (like this one would control over the earlier theft and embezzlement statutes). Attorney General Brian Sandoval's refusal to criminally prosecute State Controller Kathy Augustine opened the door for this sleazy bill. Public officials should have to follow the same laws as everyone else. There's certainly no reason to lower the standard for their behavior. The criminal laws need to be enforced, not ignored.
Assembly Bills
AB 32 Makes certain information collected by State Department of Agriculture confidential.
Introduced by: Assembly Standing Committee on Natural Resources, Agriculture, and Mining
Comment: This overbroad bill imposes unneeded secrecy in government operations.
AB 33 Revises provisions governing sale of state land.
Introduced by: Assembly Standing Committee on Natural Resources, Agriculture, and Mining
Comment: This bill further weakens checks on abuses in the disposition of state property, and provides for discretionary no-bid contracts to sell public land without public notice.
AB 39 Revises provisions relating to purchasing by local governments.
Introduced by: Parks
Comment: This bill provides more exceptions to rules requiring competitive bidding.
AB 64 Exempts elected supervisor of conservation district from requirement to file statement of financial disclosure.
Introduced by: Carpenter, Goicoechea, Marvel, Grady, Hettrick, Claborn, Sherer, Rhoads, and McGinness
Comment: What's the problem with requiring financial disclosure statements from elected officials? As a general principle of good government, financial disclosure requirements should be strengthened, not restricted. The disclosures help keep public officers honest. The subsequent Assembly amendment to the bill broadens financial disclosure requirements, but provides no method of verifying the disclosure nor any effective penalty for non-compliance.
AB 74 Authorizes governing body of local government to create maintenance districts to pay cost of maintaining and improving certain local improvement projects.
Introduced by: Assembly Standing Committee on Government Affairs
Comment: This bill effectively allows local governments to raise taxes on the sly, by allowing them to keep their general revenues, and at the same time allowing them to levy additional assessments on the residents of the maintenance districts for projects which were supposed to be funded by general revenues. This abusive practice has become widespread in local government, and should be neither enabled nor encouraged.
AB 79 Authorizes award of reasonable expenses, including attorney's fees, in certain contempt proceedings.
Introduced by: Buckley
Comment: Existing law already provides for fines and even jail terms in contempt proceedings. This bill is unnecessary, and proposes additional vindictive penalties with ample opportunity for abuse.
AB 122 Removes certain reporting requirement applicable to landlords of mobile home parks.
Introduced by: Carpenter
Comment: The bill would keep the mobile home park operators from having to tell the Public Utilities Commission how much they're charging their tenants for utilities. This bill would effectively promote price-gouging practices against lower and middle-income citizens who live in mobile home parks.
AB 146 Excludes from statutory limitation on total ad valorem tax certain ad valorem tax levies imposed by Legislature.
Introduced by: Assembly Standing Committee on Growth and Infrastructure
Comment: This bill would allow state government to ignore existing property tax caps and impose additional taxes to repay state debts or fund state operating expenses. The provision evades the whole purpose of having a tax cap.
AB 151 Imposes fee on residential subscription television service and dedicates proceeds from fee to assist certain governmental entities in acquiring, improving and maintaining communications technology for first responders.
Introduced by: Oceguera, Conklin, Anderson, Parks, Atkinson, Buckley, Carpenter, Christensen, Claborn, Denis, Gerhardt, Goicoechea, Grady, Hardy, Hettrick, Horne, Kirkpatrick, Leslie, Marvel, McCleary, Munford, Parnell, Perkins, Pierce, Sherer, Smith, Carlton, Schneider, Townsend, Titus, Coffin, Horsford, Lee, and McGinness
Comment: This weird bill would impose another tax increase on consumers, in which the government taxes cable and subscription TV companies, which in turn pass the increase on to the public in the form of increased subscription costs. And why should cable and satellite TV subscribers have to pay to buy, improve and maintain communications technology for local police, fire and homeland security communications programs? Shouldn't the burden, if necessary, be born by the public at large? Good questions. The public still doesn't have any real explanation for the two costly radio system fiascos purchased by the administrators in the Nevada Highway Patrol, and no assurance that whatever problems caused those wastes of time and money have been fixed. The Legislature should take any money which may be necessary to buy, maintain or improve communications technology for "first responders" out of the general fund.
AB 158 Requires state agency to provide notice of access to computer of officer, employee or contractor under certain circumstances.
Introduced by: Assembly Standing Committee on Government Affairs, and Hettrick
Comment: This is a "tanglefoot" bill to tip off State employees that they're being investigated for misusing State computers within 48 hours after investigators access the computer in question. The computer is the property of the State and not the employee, and government policies should make it perfectly clear that the employee has no right, title or interest in either the computer or its contents. The bill would obstruct administrative and law enforcement personnel from effectively investigating misuse of State property, coddle wrongdoers, and provide no offset or benefit to the citizens of Nevada.
AB 171 Revises various provisions governing regulation of common and contract motor carriers in this State
Introduced by: Hettrick, Angle, Sherer, Christensen, Claborn, Goicoechea, Hogan, Holcomb, Marvel, McCleary, Mortenson, Munford, Parks, Weber, Beers, Amodei and Cegavske
Comment: This is basically a bill to relieve taxicab companies from responsibility for safety violations and to permit subcontractors to corner the market on cab leases. The existing law makes taxicab companies jointly and severally liable for violations of NRS Chapter 706, while the bill shifts the responsibility to the drivers, many of which operate their cabs under lease from the taxicab companies. The existing law also provides that an individual can only lease one cab, and that the leases must be approved by the Transportation Services Authority (TSA). This bill would end the TSA supervision of leases and permit subcontractors to lease multiple numbers of cabs -- in effect, to operate their own fleet of cabs and squeeze out independent drivers.
AJR 5 Proposes to amend Nevada Constitution to revise provisions governing petition for initiative or referendum
Introduced by: Giunchigliani, Conklin, Denis, Hogan, Horne, Koivisto, and Ohrenschall
Comment: Another bill to hinder public participation in government. The Initiative and Referendum measures were added to the State Constitution (Article 19) by popular vote. In 2004 the US District Court for Nevada ruled in the case of Committee to Regulate and Control Marijuana v. Heller that portions of the Article violated the Equal Protection Clause of the US Constitution by giving rural counties a disproportionate influence. This bill, under the guise of reforming the unconstitutional portions of the Nevada Constitution, gratuitously increases the registered voter signature requirements by 5%.
AJR 7 Proposes to amend Nevada Constitution to repeal limitations on terms of elected officers
Introduced by: Giunchigliani
Comment: A popular vote amended the State Constitution to limit the terms of the Governor, Nevada State Legislators, and elected state and local officials. There doesn't appear to be any public clamor to repeal it, but if the measure can get enough signatures, it should be put on the ballot. The members of the Legislature would only benefit from the repeal of term limits. Asking them to vote on the matter is wrong.
Lost, Abandoned, or Missing and Presumed Dead
Campaign Finance Reform -- In a 2003 survey of all of the states in the union, Nevada got a D- grade for campaign finance disclosure. Grading State Disclosure (2003). The Moncrief, Augustine and Christensen debacles, as well as the federal Clark County Commission corruption case, have amply confirmed that Nevada has a serious problem with both disclosure and punishment for those who violate the law. The comprehensive flaws in the Nevada system of campaign finance reporting have been pointed out on numerous occasions in The Nevada Observer. So far, there has been nothing serious proposed on the subjects of providing sub-vendor information, prohibiting the bundling of expenses (instead of listing the expenses in any detail, the candidate makes huge payments through a middle-man so no one can see how or if the money was really spent), verifying the disclosure data or providing any serious punishment for those who violate the disclosure laws. In fact, a substantial minority of (27) Legislators declined to provide the voluntary financial disclosure requested in 2004 and 2005 by the Secretary of State.
•••