Category Archives: Nevada legislature

Cliven Bundy: How Can We Miss You If You Won’t Go Away?

Bundy Riders

Let’s Talk Nevada covered the adventures of Senator Rand Paul (R-KY) in Mesquite, NV complete with pictures, and an interesting exchange:

“Cliven Bundy’s son, Ryan, stated there is no place in the U.S. Constitution that allows the federal government to hold land and he asked Paul what he would do to correct that problem. Paul agreed that public land should belong to the states and local governments, but that private ownership is best.”

Tricky Answer: The notion that the federal government may not own land, (pretty well covered by Article IV, section 3, clause 2 if we want to get specific about it, put to one side for the moment) – Notice that Senator Paul really didn’t answer the question.  What Bundy 2.0 wanted was reassurance that his outlandish right wing theory was correct, but what he got was pure corporate libertarian-speak. The candidate didn’t say he would actually do anything about the reversion of public domain lands, to the state, to the locality, or to any other public entity. He merely recited the corporate mantra that private ownership is always best.  If Bundy 2.0 was listening carefully, the response could easily mean that corporate interests would be able to purchase land and then charge users (ranchers) for the use of the property.   If for-profit entities were in charge, does Bundy 2.0 believe they would be under any compulsion to perform  land management activities other than that which would enhance the corporate bottom line?  Re-seeding? Noxious weed control? Grazing management? Would Bundy be able to evade paying for land use under corporate control, as his father has tried to avoid paying grazing fees?  And, if a higher bidder came along – would Bundy be looking for grazing property elsewhere?

But wait, there’s more:  There was more than a question from the audience.  Politico reports:

“The encounter came after Bundy attended an event for the Kentucky senator’s presidential campaign at the Eureka Casino in Mesquite, Nevada. When the larger group dispersed, Bundy said, he was escorted by Paul’s aides to a back room where he and the Republican 2016 contender spoke for approximately 45 minutes. (“There were no scheduled meetings at Senator Paul’s stop in Mesquite. He spoke to many people who came to this public event, none for 45 minutes and none planned,” Paul spokesman Sergio Gor said.)”

Cliven Bundy seems to have picked up the point about state ownership, “The state already owns the land…”

“The Nevada rancher said that he had expected only to have an opportunity to shake hands with Paul and make small-talk. He was surprised when campaign aides found a private room and allowed Bundy, his wife and son to speak with the candidate for the better part of an hour.

According to Bundy, the two mainly discussed federal land oversight and states’ rights, in addition to education policy — a theme Paul brought up in his speech.

“I don’t think he really understood how land rights really work in the western United States,” Bundy said. “I was happy to be able to sort of teach him.” [Politico]

How nice of Mr. Bundy to be so “educational?”  He doesn’t claim ownership, he claims “rights.”  Bundy 1.0 apparently understands that private ownership means private responsibilities – for fire prevention and fighting, grazing management, re-seeding, and maintenance – and he doesn’t want to pay for these.  He’d like the state to do it and let him put his livestock on the ground for free. Because? Freedom. Freedom as in Free loader.

Reprise:  Little wonder the Rand Campaign staff was anxious to tell us that the session between the Bundys and the candidate wasn’t “scheduled.” The candidate has already had to back away from Mr. Bundy once before:

“I want to tell you one more thing I know about the Negro,” Bundy told supporters shortly after the standoff, according to video footage captured by an onlooker. He recounted a time he drove past public-housing in Las Vegas “and in front of that government house the door was usually open and the older people and the kids — and there is always at least a half a dozen people sitting on the porch — they didn’t have nothing to do.

“And because they were basically on government subsidy, so now what do they do? They abort their young children, they put their young men in jail, because they never learned how to pick cotton. And I’ve often wondered, are they better off as slaves, picking cotton and having a family life and doing things, or are they better off under government subsidy? They didn’t get no more freedom.” [Politico]

Thus much for any outreach to African American voters? So, are the Bundys “in tune with” the Paul Campaign? [MSNBC]

And even more:  Last June two Las Vegas Police officers were gunned down by anti-government extremists.  Officers Alyn Beck and Igor Soldo were assassinated and the motivation was reasonably clear:

“…a “Don’t Tread on Me” flag and a Nazi swastika the couple placed on one of the police officers they ambushed Sunday at a pizza restaurant. They pinned onto the other officer’s body a note saying something to the effect of “this is the beginning of the revolution,” Second Assistant Sheriff Kevin McMahill told reporters.” [CNN]

Later reports said the Millers were too much even for the Bundyland bunch, not necessarily because of their views, but because of Jerad Miller’s criminal past.

“Jerad Miller was eager to support Bundy, who was confronted by federal officials after years of refusing to pay grazing fees. On April 9, he wrote on Facebook:

“I will be supporting Clive Bundy and his family from Federal Government slaughter. This is the next Waco! His ranch is under seige right now! The federal gov is stealing his cattle! Arresting his family and beating on them! We must do something. I will be doing something.”

I was out there but they told me and my wife to leave because I am a felon. They don’t seem to understand that they are all felons now for intimidating law enforcement with deadly weapons. So don’t tell you that they need people. We sold everything we had to buy supplies and quit our jobs to be there 24/7. How dare you ask for help and shun us dedicated patriots.” [MJ]

And here comes another Rand Paul connection:

“Jerad Miller’s Facebook “likes” include the NRA, American Patriot Media Network, Support the 2nd Amendment, The Patriot Party, Rand Paul 2016, Ron Paul, the Washington Examiner, Legalize Weed, Draft Judge Andrew Napolitano, the Heritage Foundation, FreedomWorks, American Crossroads, and Allen West.” [MJ]

Granted, any campaign gets its share of whackies. However, the Millers were making connections which the Paul campaign isn’t avoiding: Guns + Ultra Libertarianism + Candidates who espouse the connections between guns and ultra-libertarian views.  And, if one Paul campaign in Nevada could create chaos, there were some people imagining what a second one could do to the state’s clout in national elections.  (AB 302, SB 421, 2015)

The Ron Paul Campaign, which made the 2008 Republican state caucus such an interesting debacle for all to watch unfold, could be the prologue to a 2016 version of chaos created by Rand Paul’s version?  Efforts to convert Nevada’s caucuses into primary elections failed in the latest session of the Legislature. [Ralston]

In Nevada it’s hard to find room to wield a fly swatter without slapping at least one Tea Party enthusiast.  However, with that enthusiasm comes some perilous ground:  Association with dead beat rancher and resident racist Cliven Bundy; Association with the circumstances that left two police officers murdered in a Las Vegas pizza parlor; and, Association with one of the most controversial (but entertaining for Democrats) presidential season caucuses the Republicans have ever convened.  However, there are 496 days until the next presidential election so the GOP could find ways to skirt the impact of the Paul campaign in the Silver State.

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Filed under conservatism, elections, Nativism, Nevada legislature, Nevada news, Nevada politics, public lands, Republicans, Rural Nevada

Cluck, Cluck, AB 394 comes home to roost?

Chickens Roosting

A quick review:  Nine Republican members* of the Nevada Assembly introduced AB 394 in the last session, the bill would create a process for breaking up the Clark County School District into smaller, separate, districts because – “…Reconfiguring the structure of the Clark County School District into local school precincts will offer an educational system that is responsive to the needs and concerns of the residents of that school district;..”   (*Gardner, Fiore, Jones, Silberkraus, Hickey, Dickman, O’Neill, Seaman, and Trowbridge)

The bill passed in the Assembly on a 35-5 vote, and the Senate on a 13 to 7 vote, with one excused.  It was signed into law by Governor Sandoval on June 11, 2015.

The Numbers Game

For a party, the members of  which take umbrage at any suggestion they aren’t the party of fiscal responsibility, fiduciary trust, and conservative financial values, AB 394 demonstrates a level of financial naïveté that could easily be categorized as sophomoric. 

There is a inkling in AB 394, during its preliminary discussion of rural district consolidation in which there’s a hint that the Assembled Wisdom understood the principle of Economies of Scale.  However, the venerated Assemblage turned right around in the same bill and pretended these didn’t exist for the one district in the state actually large enough to benefit from those economies of scale.  For the uninitiated, here are some of the babes pitched out with the bath water in the interest of creating “responsive” little districts:

(1) The larger the operation (business) the more individual employees are able to specialize in various tasks creating technical expertise which in turn creates greater efficiency.  For example, a larger school district might be able to finance a specific office that focuses on testing and the administration of examinations.  In a smaller district these tasks might be assigned to a ‘curriculum director’ whose office is also responsible for the development of course content, the in-service training of teachers in that content, and the mapping of the curricular content throughout the district.  In the business domain, larger firms can separate tasks in the offices or on the shop floors that allows specialists to develop proficiencies in technical or production tasks.  

(2) Bulk purchasing.  Think of the difference in pricing between supermarket chain stores and the local corner bodega.  Volume, plus reduction in packaging and transportation costs, mean lower per unit expenses. There are approximately 24,286 first graders in the Clark County School District.  There are approximately 4,869 first graders  in the Washoe County School District.  [CCSD and Washoe SD]  Which has the better capacity to buy in bulk?  Which can negotiate for more discounts?

(3) Spreading overhead expenses.   Republicans, often supportive of mergers and acquisitions, note that the mergers of private sector firms allow for the rationalization of operation centers. or to put in more simply – it’s better (more efficient) to have one main office than two.   Again, the schizoid nature of AB 394 says that the rationalization of overhead expenses is fine for the rural districts, but CCSD is “just too big?”  By this logic, Goldman Sachs, Chevron, and JP Morgan Chase would have been broken up long ago.

(4) Let’s get to one economies of scale factors that’s extremely important for a large metropolitan population, the concept of Risk Bearing Capacity.  Again, the larger the enterprise the higher its risk bearing capacity.  The most common example of this factor is in the pharmaceutical industry wherein large corporate firms are able to finance (borrow for) research because profit lines in popular products provide investors with the assurance that the debts incurred can be paid off at the agreed interest rate.  Now, take a look at the Debt Service reported in the CCSD financials:

CCSD debt service

What we’re looking at above are all the bonds issued by the Clark County School District on which the district is paying off principal and interest.  Nor it is too difficult in a rapidly expanding population to have to issue bonds for school construction or renovation.  Schools aren’t  cheap to build and equip.  Constructing an elementary school for about 600 youngsters, at $190 per square foot will cost about $14,800,000.  A middle school for just over 900 students costs $215.14 per square foot, with a total cost of approximately $30,000,000.  High schools are even more expensive.  The total cost: $54,900,000 (1600 students) [NCEFAt this point one of the largest AB 394 egg layers  comes back to her nest.

“Moody’s Investors Services hasn’t downgraded the Clark County School District’s construction bond rating — yet.

But the credit rating firm late Monday issued a report warning a bill Nevada Gov. Brian Sandoval recently signed that could lead to the breakup of the nation’s fifth-largest public school system “poses uncertainty” and “a credit negative” to the district’s ability to repay debt.”  [LVRJ]

Investors who buy bonds (lend public & private institutions money) want their money back + interest.  The greater the risk the higher the interest rate on the bonds.   The ratings agencies, no saints themselves as we witnessed during the financial sector collapse of 2007-2008, are in the business of telling investors how much risk is involved – the lower the rating the higher the risk, therefore the higher the interest rate demanded for the loan.

The Clark County School District currently has an A1 rating from Moody’s.  The outlook was “stable” as of February 17, 2015.   What has “de-stabilized” this projection is – AB 394 – which creates “uncertainty.” Without spending the usual $150 Moody’s charges for smaller reports, let’s guess the nature of that “uncertainty.”   The Clark County School District’s report on its financials assures bond holders:

“Maintenance of the current property tax rate will be sufficient through fiscal 2015 to retire the existing bonded debt since the District issued previous bonds based upon the factors of growth in assessed valuation in addition to increases in student population. The Capital Improvement Program provided authority to issue general obligation bonds until June 2008 and will be repaid from a fixed tax rate of 55.34 cents per $100 of net taxable property. [CCSD pdf

Translation: The Clark County School District – as it is currently functioning – has the financial capacity to retire (pay off) existing debt, and the ability to repay Capital Improvement bonds from its property tax base. A property tax base of the present 8,012 square miles comprising Clark County, which according to the Nevada Department of Taxation has a final assessed value (property) of $69,258,468,466.  A number large enough to assure investors in CCSD bonds that they’ll get their money plus interest, since the ad valorem revenue is calculated at $495,059,633 for the county.   We can use the old reliable Red Book to determine what the Clark County School district can expect from its share of the property tax revenue: $819,903, 015 from a total 2014-15 assessed valuation of $62,904,942,089.

By now it should be getting obvious why Moody’s is getting nervous.  Under the terms of AB 394, there must be a plan in place to chop up the school district by the 2018-2019 school year.  Thus, we’d have an advisory committee and a technical advisory committee contracting with a consultant for the grand purpose of carving up the district – but how?

If the notion is to create “neighborhood schools” then would we amalgamate current high school attendance zones? [map]  However, a quick look at the obvious north/south or east/west divisions compared to the assessed valuations of the areas involved quickly demonstrates that not all school districts would be “created equally.”

Perhaps the “Performance Zones” could be used as a basis?  Where do we put the rural schools, from Moapa Valley to Laughlin?  Again, how does the dissolution of the district help any of these financially?  

Unfortunately for those who would be new map makers, Clark County, like so many other major metropolitan areas is comprised of various zones – residential, industrial, and commercial.  As long as the financial foundation of a school district is based on property taxation, then we have to live with the fact that while upscale residential property comes with high tax bills, there isn’t all that much of it.    A district carved out of a major commercial zone with a rather smaller number of residential properties in that zone might have resources in abundance compared to an area of high residential properties – and therefore higher numbers of students, but a lower total assessed valuation.  Geography can often be a real pain in the derrière and in this instance it’s going to be.

At the risk of petulantly pounding the dais – there appear to be only 12 members of the Assembled Wisdom in the last session who understood the gravity of separating school districts within a diversified metropolitan area, one with an overall assessed valuation currently capable of keeping investors optimistic about bonding capacity and bond retirement.  The remaining 48 – not so much – maybe one more round of Econ. 101 is in order?

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Filed under Economy, education, Nevada economy, nevada education, Nevada legislature, Nevada politics, nevada taxation, Politics, Rural Nevada, Sandoval

Kirner Update and Charter School Follies in the Nevada Legislature

Kirner There’s a difference between stale bread and stale politics; stale bread is useful.

“Well, this: Assembly Member Randy Kirner (R-Reno) is trying hard (perhaps too hard?) to be a “play-a”. He flippantly confirmed to Riley Snyder what we’ve been reporting about him killing Senator David Parks’ (D-Paradise) sexual orientation conversion therapy ban (SB 353). He then claimed he was “worried about litigation costs”, despite the Senate removing the law suit portion of the bill. The truth came out in private later, when he told a visiting constituent he just doesn’t like Senator Parks (and he’s just too obsessed with raiding PERS & busting unions to allow LGBTQ lives to be saved).” [LTN] (emphasis added)

The first indication of threadbare banality is Assemblyman Kirner’s worry about “litigation costs” in regard to SB 353.  This is the second to last resort into which a member of the GOP will dock when a bill or policy is presented that might protect potential victims of discrimination or abuse. (The last resort is “God Says…”)

Our second clue revealing  Assemblyman Kirner’s platitudinous and unoriginal offerings is his adherence to ALEC’s talking points about public employee retirement programs and labor organizations.  It’s fairly easy to spot a Talking Point Politician – when he or she is faced with current facts and social needs, our undaunted culture warrior reverts to hackneyed and uninspired reiterations of someone else’s phrases.  “I’m worried about the costs of litigation,” applied to everything from civil rights law to equal pay for female employees. “I’m concerned about the effect this will have on the free market,” applied to everything from environmental standards to the appointment of consumer protection advocates.   This isn’t politicking, it’s sloganeering.  Real players bring something to the table for discussion – something besides personal animosities and stale talking points.

Industrial education isn’t the same thing as industrialized educationSB 509 is still alive and in the Assembly Education committee. There’s a phrase in the bill which should catch our attention, here’s the LCB analysis:

“Existing law requires an application to form a charter school to be submitted by a committee to form a charter school. (NRS 386.520, 386.525) Sections 21 and 22 of this bill authorize a charter management organization to apply to form a charter school. Section 2 of this bill defines the term “charter management organization” to mean a nonprofit organization that operates multiple charter schools. Section 21 also revises the required contents of an application to form a charter school. Sections 21 and 36 of this bill authorize a charter management organization to request a waiver of requirements concerning the composition of a governing body. Section 22 revises the manner in which a sponsor is authorized to solicit and review applications to form a charter school.” 

Let’s differentiate between EMO’s  (Educational Management Organizations) which are for-profit educational enterprises and CMO’s which are non-profits.  While there is this crucial difference, they share some corporate interests.  One of those interests is the promotion of schools – not school districts.  This becomes an important point when we’re discussing overall school administration because when comparing “successes” schools and school districts are very different creatures.

For example, KIPP (a CMO) operates individual schools in urban areas. However, KIPP doesn’t run school districts. Recently a KIPP school in New Jersey was touted for it’s high performance in Newark, but when a bit of expertise was injected from Rutgers University scholars the results were less than stellar:

“The bottom line is that KIPP schools performance on comparable measures of student growth, controlling for demography, resources, etc., are relatively average (marginally above average). Many district schools, including ones in Newark, far outperform them.” [SchoolFinance]

In other words, anecdotal evidence of high performance (without running a model of demographics across the district to see deviations)  doesn’t mean a particular charter school operation is necessarily “successful” or that its operating plan is better than that which might be achieved by a local district itself.

A few years ago, another CMO, Rocketship was supposed to be achieving “astronomical” results, and was all the rage. [WaPo]  Rocketship used an “industrial model” with lots of computers and an equally large contingent of inexperienced teachers.  Rocketship moved into San Jose, California, but a year later the San Jose Mercury News was headlining, “Rocketship we have a problem.”  It seems that corporations like Rocketship DO have to follow local zoning regulations.  More issues arose with the charter non-profit, and by May, 2014 the Alum Rock CA Board of Education rejected a Rocketship charter, saying (1) it had not made Adequate Yearly Progress, there was no assurance made to investors that the schools would make AYP in the future, students spent a large portion of their day with no licensed teacher (a violation of state law), the CMO offered misleading figures on student-teacher ratios by not including Learning Lab Students in the calculations (creating a 1:37 ratio), and while Alum Rock School District spends about 6% on overhead costs, the Rocketship school was required to set aside 15% for its corporate headquarters.  The final point in the rejection was that for all the Wonders of Technology described in the Rocketship process, the students were actually encouraged to be passive rather than active users of the technology.

A third CMO, Green Dot Schools, has had a similar rocky history.  After much initial ballyhoo, Locke High School in Watts, CA was subdivided into segments under the management of Green Dot. Two years later the segments were themselves closed – for lack of “success” – the result?

“In fact, Animo Locke II, Animo Locke III, and Animo Locke Tech all failed the 2012 WASC accreditation. forcing Green Dot to merge all of the campuses, operationally, into the one school to receive accreditation. Animo Watts will continue to operate independent of the schools located at the main Locke campus.” [Ravitch

Eli Broad and other Silicon Valley ‘reformers’ were challenged by the LA Times:

“Charters claim that their schools score far better than traditional public schools serving similar students. That’s not true. The students at Locke or any of the other at-risk high schools in LAUSD are not “similar students” when compared to those who have left the public schools and moved to the charters. What Broad, Green Dot and the others do not reveal is the scores of those charter students when they were in regular public schools. It’s our belief that those students were already outscoring their fellow students in the traditional schools before they moved into charters. Low-scoring students do not enroll in Broad’s charters. His charters have skimmed off the education-oriented kids who otherwise would be raising test scores for traditional public schools.”

Cracks were showing in 2010, when it was reported that by Parent Revolution’s own definitions 14 out of 15 Green Dot Schools weren’t reaching their promised levels of success, [examiner] and to add substance to the LA Times critique, Green Dot Schools were targeting schools for takeover which were already exceeding Green Dot results. [SeattleEd] (More at MJ 4/1/2011]

By 2013 the Green Dot experiment in Los Angeles was plagued by high teacher turnover, inadequate administration, and unstable evaluation policies.  Meanwhile, a Tacoma, WA middle school is being taken over by Green Dot Schools, but parents are advised that “space is limited.”  [TNTRib]  — not an admonition which can be pronounced by public schools.  The Seattle Times reported that most seats were already taken by April 29, 2015 — ‘lotteries were held for 6 of 8 charter schools.”  There are no “enrollment lotteries” for public schools.

It would indeed be interesting, if JUST ONCE some legislative body decided to put the kind of care, attention, concern, (and potential funding) in the hands of its public school districts as it does into the hands of privatizing and elite exclusionist interests.

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Filed under education, nevada education, Nevada legislature, Nevada politics, privatization, Union busting

Battle Born and Still Squabbling: The Waning Days of the 78th Assembled Wisdom

Nevada Flag

Battle Born and still fighting.  Day 116 and the the squabble over revenue plans and priorities continues in the Assembled Wisdom.  See Let’s Talk Nevada for daily details.  The Latin Chamber of Commerce has lined up with the Governor’s proposal. [Slash Politics]  This makes some sense because those business interests which are opposing the Governor’s plan would actually pay very little under it. [Ralston] No, it doesn’t come as any surprise that those who are opposed to the plan don’t bear most of the burden, while supporters would pay a bit more than their share.

This morning’s agenda for Assembly Ways and Means includes SB 491, “Provides for the award of a grant to a nonprofit organization for use in Fiscal Year 2015-2016 and Fiscal Year 2016-2017 for the recruitment of persons to establish and operate high quality charter schools to serve families with the greatest needs..” 

Also on the agenda, AB 480, which would allow mortgage wholesalers from outside the state to act as mortgage brokers.  AB 481 would strike the limitations on the Consumer Affairs Commissioner and B& I Director to provide investigative assistance to the Attorney General in cases involving deceptive trade practices.

The Assembly Taxation Committee will take on SJR 13, the Settelmeyer, Gustavson, Goicoechea proposal to restrict property taxes — “no new taxes, and even less of the old ones” —  “This resolution proposes to amend the Nevada Constitution to limit the amount of certain property taxes which may be cumulatively levied per year on real property to 1 percent of the base value of the property. “ How does this fit with revenue plans and local government interests? It doesn’t.  The beast got out of the Senate on a 12-7 vote.  The city of Reno estimates it will cost about $8 million in lost revenue.

The Assembly Committee on Education will be looking at SB 509 which pertains to charter schools.  From the LCB analysis:

“Existing law requires an application to form a charter school to be submitted by a committee to form a charter school. (NRS 386.520, 386.525) Sections 21 and 22 of this bill authorize a charter management organization to apply to form a charter school. Section 2 of this bill defines the term “charter management organization” to mean a nonprofit organization that operates multiple charter schools. Section 21 also revises the required contents of an application to form a charter school. Sections 21 and 36 of this bill authorize a charter management organization to request a waiver of requirements concerning the composition of a governing body. Section 22 revises the manner in which a sponsor is authorized to solicit and review applications to form a charter school.”

“Existing law authorizes a sponsor to revoke a written charter or terminate a charter contract under certain conditions and requires a sponsor to take such action if the charter school demonstrates persistent underachievement. (NRS 386.535, 386.5351) Sections 5 and 27-29 of this bill: (1) authorize a sponsor to reconstitute the governing body of a charter school in such situations; and (2) revise the conditions under which such action is authorized or required.”

The Senate Education Committee will be looking at SB 92, which requires a teacher deemed minimally effective after the three year probationary period is reverted to probationary status.  And, then there’s the predictable assault on “seniority” as defined in master contract agreements:

“Existing law provides that when a reduction in the workforce is necessary, the board of trustees of a school district must not lay off a teacher or an administrator based solely on seniority. (NRS 288.151) Section 30 of this bill requires the board of trustees of a school district to consider certain factors when reducing the workforce. Section 30 also provides that, if two or more employees are similarly situated after the application of those factors, the decision by the board of trustees to lay off one or more of the employees may be based on seniority.”

Meanwhile, back at the Battle of the Budget……………..

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Filed under education, financial regulation, Nevada economy, nevada education, Nevada legislature, Nevada politics, nevada taxation, public employees

Emergencies: Creating and Sustaining Them in Nevada?

lack of planning Someone is asking the right question:

“Assembly Member Elliot Anderson (D-Winchester) then asked the biggest question of them all: Why is this “emergency measure” popping up now, and does it stand any better chance of passing the Senate than AB 148 or the proposed Fiore-Hansen SB 175 amendment. All Oscarson Therecould say was “I certainly hope so.” Meanwhile, a whole lot of students, teachers, and concerned family members certainly hope AB 487 meets the same fate as the dead AB 148 and the failed SB 175 amendment.” [LTN]

The measure under discussion is AB 487, another iteration of the ammosexual agenda Carry Everywhere nightmare, and it’s due for a hearing (of sorts) in the Assembly Judiciary Committee bright and early on Wednesday morning [pdf agenda] if it can get “emergency status.”  The tenacity of the gun advocates seems proportional to their delusion that somehow more guns will make up safer from more guns.  In case you missed it, this Salon piece does an excellent point by point deconstruction of the right wing’s ideological stance on the issue.

There’s another bill coming up on Wednesday which deserves more attention than it’s likely to get in the waning days of a legislative session, SB 292

“Section 1 of this bill provides that a board of trustees of a school district or the governing body of a charter school is not liable for any civil damages arising from any act or omission by a person employed by or volunteering at a school-based health center. Section 1 also defines “school-based health center” for such purposes.”

… Existing law limits the amount of noneconomic damages that may be an action for injury or death against a provider of health care based professional negligence. (NRS 41A.035) Section 3 of this bill limits noneconomic damages that may be awarded in such an action to $350,000, regardless of the number of plaintiffs, defendants or theories of liability. Existing law establishes a rebuttable presumption in actions for negligence”

This is NOT a School Nurse Protection Act, at least not the way it is worded.   Notice the phrase “…by a person employed by or volunteering at a school-based health center.”  So,  volunteers manning the school sick bay, and not school nurses, cannot render the school or charter operation liable for their actions or their failure to act?  If the person is a school nurse there are professional requirements for that.  However, (and this is a pretty big caveat) non-certified personnel may be allowed to administer medication, for which there are no pre-service nor professional development  specified training requirements. [NASBE] What could possibly go wrong?

But wait, there’s more! Senator Roberson seems intent upon his assault on the venerable Collateral Source Rule.  The Legislative Counsel Bureau explains what happens under SB 291:

“A common law doctrine, known as the “collateral source rule,” prohibits a defendant in a tort case from introducing into evidence proof of amounts that the plaintiff received or was entitled to receive from a source other than the defendant in compensation for the harms or injuries caused by the defendant.”

Existing law provides a limited exception to the collateral source rule by allowing a defendant in a case against a provider of health care based upon professional negligence to introduce evidence of amounts paid or payable to a plaintiff pursuant to policies of health or accident insurance, the United States Social Security Act, worker’s compensation statutes and other programs or contracts that pay for or reimburse costs of health care. (NRS 42.021)

This bill replaces the existing limited exception to the collateral source rule and instead requires a court, upon a motion by a defendant in any tort case, to reduce the amount of damages initially determined by the jury or other finder of fact by the amount of past medical expenses paid in relation to the injury or death sustained. However, this bill prohibits the court from reducing the amount of the damages by any amount: (1) paid for any treatment, care or custody provided by a provider of health care or medical facility on a lien; or (2) paid pursuant to medical payment coverage.  (emphasis added)

The “defendant” in this instance would be a negligent or otherwise incompetent health care provider.  Again, whatever success a plaintiff may have had in court against a person who negligently caused their pain, suffering, and possible disability – Senator Roberson would like to see reduced by any amount covered by Social Security disability benefits, worker’s compensation, or health or accident insurance.  The two bills are a double whammy for victims.

This session can’t end soon enough?

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Filed under education, Health Care, health insurance, nevada education, nevada health, Nevada legislature, Nevada politics

GOP Far Away Land: Solutions in Search of Problems

Alien Planet guns

It’s like they live on another planet.  Republican legislators in Carson City appear to be marching to the same off beat drum kit as their Washington, D.C. counterparts.  Have problems with infrastructure? Education? Revenue? Income inequality? Unemployment? The solution is (staccato drum roll) Pass more laws on abortion! Allow more guns everywhere!

The Single Song Sallies of the Nevada GOP are absorbed by these two.  Assemblyman Ira Hansen (R-NV backwater) proposes the following:

“AN ACT relating to abortions; revising provisions regulating an abortion performed on a pregnant woman who is a minor or a ward; requiring notification of a parent or guardian under certain circumstances before a physician performs such an abortion; providing expedited procedures for petitioning a court for judicial authorization to proceed without such notification; providing civil liabilities and criminal penalties; and providing other matters properly relating thereto.”

How this bit of anti-choice legislation addresses employment, economic diversification, educational funding, transportation, infrastructure, local government resources, provisions for mental health services, or any other major issue facing the state is pure conjecture.  The nationwide abortion rate among those under 15 years of age is negligible for the period 1990 to 2007, and abortions for those aged 15 to 18 years has declined from 21,800 in 1990 to 16,200 as of 2007. [CensusCDC]  This decline mirrors the overall decline in teen pregnancies, which in turn is linked to economic considerations, more contraceptives, and more information (read: sex education). [Pew] However, Big Daddy Government Types exemplified by Assemblyman Hansen, won’t be satisfied until every woman has to carry every man’s fetus to term.  And for this, time is being taken from taxation and budget consideration in the Assembled Wisdom.

Meanwhile, Assemblywoman Michele “Take Baking Soda for your Cancer” Fiore (R-NRA) would be happy to attach her Guns Galore amendment to any bit of legislation she can find. [LVRJ]  She lost the vote, 24-18 in the Assembly, but she’ll be back before the end of the session on June 1. [LTN]

What makes coping with single issue ideologues like Hansen and Fiore so frustrating is that Nevada does have some serious issues which need to be addressed.  Education, which was supposed to be the central feature of this legislative session, has some problems. For instance, Nevada schools ranked 50th in “overall state grades,” and 36th in K-12 achievement, 45th in standards and assessments, and 46th in school finance. [leg.state.nv]  The American Society of Civil Engineering grades Nevada a C- in infrastructure.  We “earned” a D+ in dams, and we have 36 bridges which are deemed “structurally deficient.”  The Mental Health Association reports the following in regard to Nevada’s mental health services: “The five states with the highest prevalence of mental illness and the lowest rates of access to care were Louisiana (47), Washington (48), Nevada (49), Mississippi (50) and Arizona (51).”

Speaking to the income inequality issue, Nevada’s not in a very good position in that regard either:  “The states in which all income growth between 2009 and 2012 accrued to the top 1 percent include Delaware, Florida, Missouri, South Carolina, North Carolina, Connecticut, Washington, Louisiana, California, Virginia, Pennsylvania, Idaho, Massachusetts, Colorado, New York, Rhode Island, and Nevada.”

Now, can we please talk about something other than government so small it can fit inside every vagina, and guns galore?

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Filed under abortion, Gun Issues, Mental Health, Nevada legislature, Nevada politics, Women's Issues, Womens' Rights

Zombie Guns Blazing in NV Legislature

zombie guns 2

This is the kind of news Nevada can do without:

“A “campus carry” bill believed to be dead in the Senate will be amended into another Second Amendment measure on Friday, Assembly Judiciary Chairman Ira Hansen said Wednesday.

Hansen said that because the Senate Judiciary Committee won’t hear Assembly Bill 148 that would allow those with concealed weapons permits to carry their weapons on college campuses, it will be amended into a Senate bill on the deadline day for committee action on most bills.” [LVRJ]

The bills in question is SB 175 and SB 240.  The Guns Galore crowd, championed by Michele Fiore (R-NRA) and Ira Hansen (R-Ammostan), wants those with concealed carry permits to be able to pack “heat” on college campuses.  Little matter that others may find this uncomfortable or downright dangerous.  Happily, there are some restrictions in place on concealed carry permitting in this state – not that the Ammosexuals wouldn’t like to eliminate those eventually.

The Current Requirements

In Clark County those wanting a permit must the a Nevada resident of Clark County, or an out of state resident who has received firearms training in Clark County; 21 years of age, not prohibited from firearms ownership by state or federal law; and must successfully complete an approved firearms course in Clark County.  [LVMPD]

The requirements in Washoe County are essentially the same. A person must be at least 21, provide documentation of competence with a firearm, meet the standards set forth in NRS 202, have no DUIs in the preceding five years or record of “substance abuse.”  [Washoe pdf]

Campus Numbers

The University of Nevada campus in Reno as of the Fall of 2013 had 15,694 undergraduates, of whom 47%, or 7,454 were male, 8,240 were female.  The average age of a UNR undergraduate was — 21 years of age. [CP]  There were 23,090 undergraduates enrolled in UNLV, 12,824 female, 10,275 male.  The average undergraduate age at UNLV was reported as 18 years. 23% were aged 25 or older. [CP]

One obvious feature of these figures is that there are a significant number of young males on both major college campuses in this state.  We do know from the CDC* and other sources  that firearms and young men aren’t a particularly good mixture.  Pew Social Trends reported:

“Men (and boys) make up the vast majority (84% in 2010) of gun homicide victims. The gun homicide rates for both genders have declined by similar amounts since the mid-1990s, though the male rate is much higher—6.2 gun homicides per 100,000 people in 2010, compared with 1.1 for females.”

… and …

“Males are the vast majority of gun suicides (87% in 2010), and the suicide rate for males (11.2 deaths per 100,000 people) is more than seven times the female rate (1.5 deaths). The highest firearm suicide rate by age is among those ages 65 and older (10.6 per 100,000 people).”

Thus, what the ammosexual alliance is proposing is to place more firearms in a setting in which there are significant numbers of already vulnerable individuals in the setting.

Individual Tragedy and Economic Costs

Aside from the human tragedy there are economic factors to consider before advocating any further proliferation of firearms and the situations in which those guns can be allowed.

In December 2012, Bloomberg Business news reported that gun violence was costing the American economy some $174 billion.  Forbes magazine reported in 2013 that gun violence was costing each American about $564.

And, then there is the “market” argument, which the Minneapolis Post analyzed as follows:

“Treating gun violence as an externality assumes that weapons markets are legitimate and that we must live with the consequences.  However, certain aspects of this market may not be legitimate. Markets do not exist in a vacuum.  They are created and designed by people, and societies can decide to modify or restrict markets depending on its values and goals.

Debra Satz, a professor of philosophy at Stanford University, addresses this in her book “Why Some Things Should Not Be for Sale: The Limits of Markets.” At the heart of her analysis is the concept of noxious markets, i.e. “markets that people find especially objectionable” and which should be curtailed or eliminated.

One important reason why societies deem some markets as noxious is that trade in these goods causes extreme harm to individuals and/or society.  Markets in assault rifles, large-capacity ammunition magazines and related items could be thought of this way. The damage caused by guns used to commit crimes is so great that we must regulate them and, in some cases, eliminate them.”

We know, for example that alcohol and tobacco products are often classified as “noxious markets.”  There are spill-over effects in society, in terms of public health costs, and other related expenses or losses.  Therefore, we regulate and use tax policy to curb the consumption and use of these items.  State legislatures are quick to add “sin taxes” to diminish the ‘noxious’ markets for some products, especially in the tobacco categories. However, they’re remarkably slow to consider taxing/regulating the use of guns and ammunition.  An amended SB 175 merely serves to advance a ‘noxious’ market, rather than curbing firearms proliferation which endangers young people – especially young men.

U.S. News and World Report was more blunt on this subject, when speaking of the economic costs of firearms and school security in America:

“However, the firearms industry has managed to avoid picking up the tab for its externalities. A recent proposal by Wayne LaPierre of the National Rifle Association shows the size of the problem. After the Sandy Hook school shooting, the NRA proposed that the best solution to gun violence in school is to have more guns in school. They argued that every school should post an armed guard (or several) to stop would-be shooters. Let’s set aside the constitutional and practical considerations and just consider the economics of this for a moment: It would cost nearly $5 billion per year to put a trained, equipped, armed guard in each of America’s 132,000 K-12 schools. That calls for a fee—let’s call it the “Schools Security Fee”—of $500 to $750 for every new and used handgun purchased in the United States. The fee is roughly the cost of a typical good-quality new pistol! If imposed, it would double the price of handguns and cripple the firearm industry. Yet it’s ironic that many of the folks who claim to hate taxes and government see no problem in proposing a $5 billion expansion in government, which necessitates taxes to pay for it.”

Whether viewed in macro-terms such as in the classification of firearms as a ‘noxious’ market, or in micro-terms as in a discussion of school safety officers, the message is essentially similar.  The manufacturers of firearms and their Ammosexual Allies are arguing that lethal weapons do not constitute a ‘noxious’ market and therefore should not be taxed or regulated even if the economic costs run into the $174 billion range.

Hostage Taking

While we can have socially oriented or economically based arguments over firearms regulations it must be admitted that there is an emotional factor to consider.  The positions taken by the Nevada Firearms Coalition which calls for legislation to “enhance personal liberty,” perceives proliferation as a ‘beneficial’ market, and a positive social good.**  “Armed” with this emotional attachment to firearms and their retail sales, the Guns Anywhere advocates are perfectly willing to hold other, and better, legislation hostage in order to advance their cause. Witness:

“As I reported earlier this week, Assembly Members Michele Fiore (R-Las Vegas) & Ira Hansen (R-Sparks) are retaliating against Senate Majority Leader Michael Roberson (R-Henderson) & Senate Judiciary Chair Greg Brower (R-Reno) for shelving their “Guns Everywhere” bill (AB 148) in Senate Judiciary. So they just amended SB 240, Roberson’s mental health & “voluntary background checks” bill, to include elimination of Clark County’s “Blue Card” handgun registry…”  [LTN]

Winston Churchill was right: “A fanatic is one who can’t change his mind and won’t change the subject.”

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* Warning: Depending, of course, on your download speed this file can be very slow loading. (94.3 mb .zip format)

** See also: The 50 Caliber Institute.

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Filed under Economy, Gun Issues, Nevada economy, Nevada legislature, Nevada politics, public safety