Posts Tagged ‘legislature’

The Way OutSurprising, I know, but there is now something that Assemblyman James Settelmeyer and I agree upon.

The State Assembly passed Assemblyman Ohrenschall’s AB162 this week. This bill requires insurers to cover early diagnosis treatment for children diagnosed with autism, up to $36,000 per year. The early treatment works wonders to improve the quality of life for children struggling with autism, and this bill promises relief for their families.

“This is a huge victory, not only for families, but for all Nevadans,” Speaker Barbara Buckley announced to reporters.

However, she conveniently failed to mention that “All Nevadans” does not mean…well… “All Nevadans.”

Thanks to amendment 433, the committee, citing concerns over cost, has excluded the children of state employees and medicaid recipients; indeed, these are the very families that need this coverage the most. Medicaid recipients, by the very nature of the Medicaid program, are a hair’s breadth away from economic disaster anyway. A diagnosis of autism in their child can financially wipe them out for the rest of their lives.

Although supporting the concept of the bill, Gardnerville’s Assemblyman James Settelmeyer spoke on the floor decrying the watered-down version which excludes these neediest of families. He pointed out that all families should be covered:  “I felt that the state should not be treating its employees any differently. Their children with autism count, as well.”

I wholeheartedly agree. This is insurance reform that our society desperately needs. The original bill was an astounding bit of progressive legislation in a traditionally non-progressive state, and it treated all autistic children as created equal. This amended bill is sort of like the Titanic: there weren’t enough lifeboats to save everyone, and the wealthy got to use the ones that existed. Read the rest of this entry »

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18
Mar

Gibbons to Legislature: “Budget is YOUR problem, now.”

   Posted by: Some Guy    in Politics

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Gibbons to Nevada Legislature: "Here my input, ya suckers."

In a churlish gesture of callous disregard for the state of Nevada’s economy, Governor Gibbons has told the State Legislature’s Ways and Means committee that he’s done with the budget and that the budget now is the sole problem of the lawmakers.  “When the budget was sent over [on] January 15th, it was balanced. [...] It’s the legislature’s budget now.”

Since the tourist business in NV is currently anemic and in constant flux, especially after the holiday season, the Ways and Means Committee had requested input from the Governor on how the executive planned to deal with declining room tax revenue projections. Since tourism and room taxes are a major source of income for our fair state, it would make sense that the lawmakers have the latest, most accurate information upon which to base their decisions.  However, it appears that Gibbons doesn’t want to play. Instead, he’s putting all the state’s eggs into the “Stimulus Money” basket.

Here’s Gibbons’ entire letter to Finance Committee Chairman Morse Arberry:

By letter dated March 2, 2009 you asked the Department of Administration to answer several budget-related questions. I wanted to take the opportunity to personally answer one of tho e questions. The others will be answered by the Department of Administration by way of a separate letter. Specifically, you asked how I plan to address declining forecasts for room tax revenue. The Nevada Constitution requires that I propose a balanced budget to the Legislature before the commencement of the regular session, which I did in January of 2009. Once that budget is proposed, it is up to the Legislature to decide whether to accept or modify that budget. The proposed budget was based on the revenue projections available in January of 2009.

As we both know, revenue projections constantly change as new information becomes available. [well, duh... that's why Chairman Arberry was asking you -- Ed.] The room tax revenue projections referenced in your letter will undoubtedly change several more times as the session proceeds and updated information becomes available. If the Legislature wants to address each and every change in revenue projections then that is certainly the Legislature’s prerogative as the  budget is in the Legislature’s control at this point and the Legislature has its own fiscal staff.

However, I feel that projections should not be addressed piecemeal. Therefore, I will be happy to provide further recommendations either in a budget amendment addressing stimulus dollars or after the Economic Forum next meets and provides legally-binding revenue projections.

In a stunned, two page rebuttal, Chairman Arberry said that he “will be forced for the first time in my 15-year tenure as chairman of the committee, and possibly the first time since Nevada became a state, to make decisions without further input from the Governor.”  He goes on to chastise the governor in an official letter:  (emphasis added)

However, I am truly amazed with your assessment that the Governor’s responsibility ends when the proposed budget is submitted for review by the Legislature. One of the basic understandings of developing any budget is that some of the assumptions that are made will need to be amended due to better information being made available over time or due to changing economic conditions. This fact has been true in the over 20 years that I have been a member or chairman of the Assembly Committee on Ways and Means. Based on this most basic budget premise, as well as past practices of the Chief Executive over the past 30-40 years, and possibly since Nevada became a state, when necessary, Governors have recommended adjustments after the Executive Budget was submitted for legislative review to ensure that estimated revenues and expenditures remain in balance for each fiscal year of the upcoming biennium. However, your letter indicates that the Governor’s responsibility concerning the state’s biennial budget ends when it is submitted for review in advance of the legislative session. I believe you are the only Governor in at least the past 30-40 years that would make such an assertion, and I strongly disagree with your position.

Other than the response you provided to me yesterday, I have yet to receive the information I requested from the Director of the Department of Administration, which was requested to be received no later than March 16. 1 sent this request on March 2 and provided two weeks to allow sufficient time to develop the required information. As you know, the Legislature has only 120 days to complete its work. Providing the Budget Division two weeks to develop this information is as much time as can be allocated; yet as of today, I still do not have a response to the majority of the information I requested. I also have no idea when the requested information may be received. I find this most disturbing and unprecedented in my 15-year tenure as chairman of the AssemblyCommittee on Ways and Means.

“Disturbing” indeed. What we have here is a governor who is either so incompetent that he can’t perform the duties expected of the executive office, or he is so indifferent to the state that he’s refusing to work with the legislature to ensure that Nevada has the best possible budget during this economic crisis.  My read on this is that it’s the latter. I betcha that you’ll see the legislature do its best to hammer out a workable budget, only to have Gibbons try to force some last-minute amendments so that they escape in-depth review. Then when the budget fails, he can sanctimoniously blame the legislature while reaping the benefits for himself and his cronies from his last-minute changes. Either way, his behavior is childish and ill-befitting a chief executive whose responsibility is to the citizens of the state.

I wish I could say I’m making all this up. But here’s the letters in question:

Scan of Gibbons’ letter Scan of Arberry’s rebuttal

My advice to Chairman Arberry: You can do a better job than this loser of a governor. You don’t need his mealy-mouthed input anyway.

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4
Mar

Innocent until proven guilty? How quaint.

   Posted by: Some Guy    in Politics

Ben Franklin is not happy.A new bill, AB234, has been read into the Nevada Legislature today. Sponsored by Assembly Minority Leader Heidi Gansert, a Reno Republican, AB234 would require that DNA be collected from people who are arrested for a felony.  Mind you, that’s “arrested” not “convicted.” If approved by the legislature, this would enable police to go on fishing expeditions, conduct mass arrests, and collect DNA samples for any person caught in the dragnet, innocent or otherwise, without a court order or a warrant.

There is a provision in AB234 stating that anyone found innocent of the felony for which they were arrested shall have their DNA sample destroyed. However, this doesn’t ameliorate the fact that the state could now force innocent people to have their DNA taken against their will, and there is no provision for ensuring that the police have indeed destroyed the sample. Once law enforcement has the sample, they’re not going to be willing to destroy it, regardless if the person was innocent or guilty.

In 1894, the United States Supreme Court overturned a lower court’s finding of guilt, stating “The law presumes that persons charged with crime are innocent until they are proven by competent evidence to be guilty.”  This was based on centuries of English jurisprudence, and is so ingrained into the system that it has been enshrined into Common Law.   AB234 is Republican Gansert’s attempt to do an end-run around centuries of judicial wisdom crafted by generations of people who seem a lot more in-tune than she is when it comes to freedom and rights.

AB234 flies directly into the face of the 4th Amendment of the Constitution protecting citizens from “unreasonable search and seizure” and requiring warrants to collect evidence. But Assemblywoman Gansert and the other Republicans that support this bill sure don’t seem to care about the Constitution, in spite of endless GOP trumpeting about the sanctity of the document.  I expect Ben Franklin is choking on his angel food cake about now.

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