Tag Archives: Nevada legislature

A Labor Day Warning: Make Up Artists and the erosion of consumer protection

Certified Seal A bill, AB 409 passed the Nevada Legislature last term, which illustrates the way opponents of consumer protection and professional licensure are moving to erode those public protections.  Superficially, the bill sponsored by Assembly members Seaman, Shelton, and Fiore, removed the requirement for make up artists to complete a nationally recognized written examination for work in a licensed cosmetological establishment.  Sounds simple enough, what could go wrong?  Oh, how about inflammatory dermatitis, folliculitis, and hives? [MedNet]  Or, inducement of an immune-mediated allergic response? [MedNet]

And, then there was another “simple” bill, SB 68.  Ostensibly, the bill would make it easier to recruit health care professionals to the state by creating an expedited licensing process.  Amendment 65 (adopted) included those subject to the Board of Medical Examiners, State Board of Nursing, State Board of Osteopathic Medicine, State Board of Podiatry, State Board of Examiners for Audiology and Speech Pathology, State Board of Pharmacy, State Board of Physical Therapy Examiners, the Board of Occupational Therapy, the Board of Massage Therapists, the Board of Psychological Examiners, the Board of Examiners for Marriage and Family Therapists, and Clinical Professional Counselors, the Board of Examiners for Social Workers, and the Board of Examiners for Alcohol, Drug, and Gambling Counselors.  The following item specifying nursing applicants stands as illustrative of the others:

“3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a professional nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a professional nurse to the applicant not later than: (a) Forty-five days after receiving the application; or (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,  whichever occurs later.

The other fine print in the bill as enacted is the change from a board which “may” issue the expedited license to the requisite “shall” issue such a license to practice. (See Sect. 8) Thus the appropriate board “shall” issue an license within 45 days; 45 days during which the board must determine the applicant is a citizen of the U.S., has not been disciplined and is currently not under investigation (for malpractice?), has not been civilly or criminally held liable for malpractice, submits finger prints, professes in an affidavit that everything in the application is true.  The corresponding board has 15 days to review the application before telling the applicant more information is needed, and another 30 to make a decision.

Expediting licensure, especially to fill vacancies in rural areas and in specialties which are understaffed, is a valid rationale for this legislation. However, what happens when the licensure requirements are less in another state than in Nevada?  For example, Nevada requires a college degree for drug, alcohol, and gambling addiction counselors – California does not. [SB 68 testimony]

The resolution to this is asserted to be “interstate reciprocity” agreements, including some 20 states including Nevada which have or supposedly will have legislation in place in the near future.  This is the intent of SB 251, which ratifies the “Interstate Medical Licensure Compact.” (Introduced by: Hardy, Roberson, Brower, Farley, Harris, Oscarson, R. Titus, and co-sponsored by Ford, Goicoechea, and Gustavson.  Thus far the members of the Compact are: Nevada, Utah, Idaho, Wyoming, Montana, South Dakota, Minnesota, Iowa, Illinois, Alabama, and West Virginia. [LicensePort]  Frankly, this is a far cry from the universal portability of a medical license the original proponents imagined?

For those keeping score, Nevada now may exempt make-up artists from cosmetology examinations, and may issue expedited licenses to counselors and certain other health care service providers  who may have lesser academic credentials from other states but have active (and presumably unblemished) licenses to practice in another state.

Portability is a fine idea in theory in this interconnected modern environment, and given the mobility of the populace, probably a positive thing, provided – that the licensure (expedited or not) doesn’t impinge on standards already established for the protection of clients and customers.  Also, given the scramble to recruit certified individuals to fill health care positions – and the expansion of the definition of health care providers [SB 84]  – it behooves Nevada consumers to keep an eye on the Nevada Medical Practices Act (NRS 630) and other statutes which concern the licensure and reciprocity of professional providers – of all manner of services in which there is the possibility of injury to Nevada patients, clients, and customers.

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When Parrots Make Policy: Ron Knecht and the Great Trickle Down Hoax


Ron Knecht is the Nevada state controller.  He is a true believer in the Trickle Down Hoax and associated subsets of this egregious rationale for corporate welfare.  Not sure about the validity of this assertion? Read Knecht’s own words.   Mr. Knecht is most upset about the spending approved by the last session of the Legislature, sufficiently upset to grace Nevada editorial pages with his latest diatribe.

The first proposition in Knecht’s screed is that we are under-reporting the level of Tax Burdens on Nevada citizens.  His second major point is that “substantial empirical research shows that the numbers that determine the impact of government on economic growth and the public interest are total government spending amounts, not only those from particular accounts or sources. Research cited in our Controller’s Monthly Report #1 (at controller.nv.gov) shows that total public-sector spending, including state and local levels, has been too big a fraction of our economy for over 55 years.” [EDFP]

There are two problems with this paean to Koch Corporation Economic Theory. 

Problem One:  The assertion assumes that all government spending has a negative relationship to economic stability or growth.   Gross Domestic Product Formula

For an individual who has an academic background in mining economics, it’s remarkable that he’s possibly forgotten the good old, often cited, GDP formula in which “G” for government is part of the formula by which we measure the economy of both the states and the nation. Nor can we assume all governmental expenditures are counterproductive.  If, for example, the Federal government  decided to close Nellis AFB, what would be the impact on the Nevada economy?   Here’s the answer: (pdf)

As of 2012 there were 32,771 included in the base employment figures. 8,186 active duty military, 20,231 dependents, 289 reserves, civilian employees totaling 868.  There were 563 “non appropriated funds” civilian employees, and 2,055 on-site contract civilians; 579 “other civilians” were employed at the base.  The estimated dollar value of the jobs created at Nellis AFB was $229.7 million.  Expenditures at Nellis (federal and state) totaled $5,071.4 million.

Problem Two: Since the argument that all government spending is necessarily excessive is untenable, Mr. Knecht falls back on a subjective observation: “total public-sector spending, including state and local levels, has been too big a fraction of our economy for over 55 years.”   We’re left with at least two questions about this assertion. First, how big is “too big?”  Secondly, what’s magical about speaking of the last 55 years (since 1960)?

There is no way to objectively answer the initial question, the percentage of state and local spending relative to the GDP ranges from 5.9% in 1948 to 11.4% in 2014.  We could be dramatic and declare that this represents a 93% increase in state and local spending from their own sources over a 67 year period, but then we have to remember we’re speaking of 67 years, and the annual increase is an unimpressive 1.38%.

The percentage of state and local governments from their own sources as a percentage of GDP was 8.4% in 1960.  This would yield a 36% increase over the last 55 year period, an annual increase of 0.6545.   Even if we extend the numbers as globally as does Knecht in his discussion of expenditures and include federal, state, and local outlays, the total expenditure as a percentage of GDP was 25.7 in 1960 and 31.7 in 2014, an increase of 23% over the 55 year period, or  0.4181 annually. [OMB download Table 14.3]

State Local Expenditures GDP There’s nothing particularly dramatic about the state and local expenditures chart, and even less about the total outlays of the federal, state, and local expenditures.

Fed State Local Spending percentage of GDP The annual increases simply do not support the level of histrionics associated with the clamor from right wing politicians for decreased government spending.  Further, there is no reason not to take the numbers back as far as they go – to 1948.  There’s nothing magical about the last 55 years, certainly nothing in the actual numbers, which supports the assertion that we’ve experienced some form of grotesque increase in the level of spending as a percentage of GDP.

Problem Three:  Hyperbole doesn’t equate to substantiation. Knecht continues:

“This continued metastasis of government has slowed economic growth significantly over the last half century, directly damaging the public interest and producing an ever grimmer (not better) future for our communities and children. And Nevada politicians and special interests have played a substantial role in this uncaring destruction, especially those who supported this year’s taxing and spending blowout.

What are the true facts? First, state spending’s (sic) already excessive burden on our lives and wellbeing has increased 10 percent faster in the last decade than the incomes of Nevada families and businesses. (Due to changes in reporting categories, there is no pre-2004 total spending data comparable to figures since then; otherwise, we would use it. Hence, meaningful comparisons to earlier years such as 1992 are not possible.)” [EDFP]

These paragraphs don’t represent an economic argument, they are an ideological one.   Again, there’s an un-anchored assertion, that without the increase in government spending there would have been greater overall economic growth.   Since there’s no empirical data available because we can’t undo the government spending in the last 50 to 67 years, we’re left with an assumption – that all the revenue collected and spent by various levels of government would automatically have been re-invested in productive economic activity.   

The experience of 2007-2008 should have given us an example of what can go wrong when money isn’t transferred in ways described by classical economic theory.  Money didn’t necessarily move from investors into plant expansion and greater employment – too much went to feed the Wall Street Casino, into increasingly sophisticated financial products which had more interest in Bubble Manufacturing than in creating financial stability.  Perhaps in some utopian, and essentially academic, system money not spent on taxes would have been put into research, development, manufacturing, and sales efforts – but in the very real world of modern finance that’s not how the system works.  Mutations such as the management theory of shareholder value, and the rise of the Financialists, insured that the old illusions don’t make a solid foundation for current realistic economic discussions.

Additionally, as noted with the Nellis AFB example, not all government spending is universally considered economically counter productive.  Nor can it be effectively argued that government spending doesn’t enhance economic stability and promote growth.   Investments in infrastructure, such as the national highway system, can lead to decreases in production costs, and increases in output, yielding a net rate of return above that of private capital as shown during the forty year period from 1950 to 1989. [Rand pdf]

Knecht also attempts to create a cause and effect relationship between “excessively burdensome” taxation/spending and stagnant wages.  Welcome to the land of Post hoc ergo propter hoc.   Controller Knecht’s diatribe manages to ignore the effects of “gains in labor productivity, the division of earned income between labor and capital profits, and the allocation of labor compensation among wages and nonwage benefits.” [Brookings]  Nor does he cite the trends related to full employment, declining union density, the misclassification of employees, and the race to the bottom in labor standards. [EPI]  Knecht’s also omitting a new notion, “downward nominal wage rigidity,” in which workers in a buyers market are fearful of losing all employment so will settle for lower wages. [RCM]  [Economist]  Even the hard-right Federalist Society, of which Knecht is a member, cites “reduced labor demand,” “increased labor supply,” (and gratuitously tosses in the Affordable Care Act) as causal factors in wage stagnation.  In short, his simplistic, post hoc ergo propter hoc argument misses the point from the left, the center, and the right.  He might as well argue that wages have grown slowly since the beginning of the general economic recovery,  mid 2009, because Serena Williams won the Wimbledon Tournament on July 4, 2009.

Problem Four: Here’s another leap of logic which borders on the inexplicable.  Knecht’s syllogism appears to be: (1) Nevada has a median state and local tax burden; (2) Local governments are subsidiaries of the state; (3) Therefore, the state is responsible for negotiation results between local governments and local public employees.

“In fact, Nevada’s total state and local tax burden – that’s what matters, not headcounts – has risen to the midpoint: 25th or 26th in the U.S., depending on how measured. Because local governments are subsidiaries of the state and governed by it, legislators and governors bear significant responsibility for local spending too – especially the excesses caused by state laws allowing public-employee unions to drive local spending ever higher.”

There’s almost nowhere to begin with this other than to assume Knecht believes that local employee contracts are to blame for “excesses” in local spending.  Again, we’re in subjective territory.  How much is too much?  How much, for example, is too much to pay a police officer or sheriff’s deputy for being willing to engage with some of the most dangerous people in the state?  For being targets for radical right wing lunatics while the officers are trying to catch a bit of lunch in a pizza establishment?  How much is too much for a firefighter – how many people are willing to run into instead of out of a burning building? 

How much is too much to pay a county social worker?  The average caseload for a Child Protective Services investigator in Clark County is 18. The average case load for those responsible for supervising foster care is 13.  Or, to put it another way social workers are responsible for about 25 children per worker. [LVRJ]  The recommended standards are 12-15 children per social worker in foster family care, 12 active cases per month for initial assessment and investigation for every social worker; 17 active ongoing family cases per social worker with no more than one new case assigned for every six open cases.  The standard for a combined assessment and investigation in ongoing cases is 10 ongoing and 4 active cases per social worker. [CWLA]  

While hard cap number ratios may not reflect the flexibility needed to handle all local cases, recruiting and retaining trained professionals who are responsible for assessment, service planning, implementing and monitoring services, advocacy for children or adults who need basic services, interdisciplinary  and inter-organizational collaboration, record keeping,  and practice evaluation and improvements. [SWorg pdf] And, all this for about $45,000 to $66,000 per year.

Of course, there’s always that pesky teacher’s union – driving up the costs of public education – since there’s no way to run a school without teachers.  The current Clark County salary schedule begins at a non-too-impressive $34,637 and terminates for an “ASC + PhD” on step 15 at $72,331.  The median household wage in Nevada is $53,042.   In the private sector a doctorate in economics will get a person about $98,200 early in his or her career; a doctorate in statistics will get a person about $99,900 in the early years, increasing to approximately $128,000 in the later years.  [Payscale]

Aside from declaiming, without context, that salary negotiations are a significant driver of “excessive” local spending, Knecht also ignores another picky detail – population. In 1960 there were approximately 291,000 residents of the state of Nevada, 285,278 to be more exact.  By 2010 there were 2,839,000 residents.  There was an 895% increase in the population of the state in last 50 years.  This is the point at which “headcounts” do matter, it obviously takes more people to deliver services to 2.8 million persons than it does to provide them to 291,000.

NV Population 1960 2010

And now comes Controller Knecht’s finale, discounting efforts made by legislators to address spending issues in a rational manner:

“…as if hearing every detail of the budget means that politicians make the right decisions. Legislators can’t really know the value of each spending proposal when they hear almost exclusively from proponents, most of them paid for by our tax dollars to advocate for their interest, not for voters, taxpayers and the public interest. They certainly can’t determine its net social value unless they get equally extensive testimony in the same hearings on the damage done by the taxes needed to fund each item – and they never do that.”

There are a couple of features which require untangling in this paragraph. First, a person can be an advocate for social workers and also be a voter, a tax payer, and a person concerned with the public interest.  An advocate for highway funding is also a voter, a taxpayer, and concerned with the public interest.  There is no way to compartmentalize people, their advocacy, and their public spirit.   In Mr. Knecht’s taxonomy anyone who advocates for better police, fire, education, and social services, or highways, health inspections, public mental health services, parks, wildlife, and libraries – is not advocating “for the public interest.”  As if the public interest lies solely in diminishing these services in the name of “smaller government.”  This isn’t an economic argument – it is completely, totally, an ideological statement; and, it’s judgmental to boot.  So also is the term “net social value.”

“Net social value” is one of those buzzwords associated with radical right wing economics of austerity, and unfortunately it comes without any real meaning. [Guardian] It’s related to the economic term “social return on investment,” which is only slightly more precise.  “Social Return on Investment is an analytic tool for measuring and accounting for a much broader concept of value, taking into account social, economic and environmental factors.” [NewEcon]   Knecht’s context seems to place the “net social value” proposal closer to the Cost Benefit Analysis methodology and not quite so analogous to the SROI calculations.  Analysis in these terms can get very mushy very quickly.

For example, in purely economic terms (and ones Controller Knecht may find troubling) one of the best SROI or “net social value” or just old fashioned economic stimulus spending is the SNAP program.  A USDA Study designed to test whether or not SNAP benefits improved the economy found that an increase of $1 billion created about $1.79 billion in economic activity (GDP.) Or, that every $5 in new SNAP benefits generates about $9 in economic activity. [USDA]

If we expand the terms to include socially beneficial activities the measurement becomes more difficult to manage. How, for example, do we measure the quantitative benefits of public libraries?  Several states have made the attempt and most have returned results which might be at variance with Mr. Knecht’s ideological preferences.  South Carolina reported that for every $1 spent on public libraries contributed $2.86 in value to the state’s economy.  Florida studied 17 public libraries and demonstrated about $6.40 in economic benefit for every $1 in their budgets. [ALA]

Mr. Knecht assumes that “net social value” cannot be determined unless there  is equal weight given to the opponents of government spending for government services.  This, in turn, assumes that the arguments of the opponents are of equal quality and veracity as those of the proponents.  The evident extrapolation of Mr. Knecht’s argument is that any advocacy of government spending on government services must be self-serving, and therefore cannot be in the public interest. However, what are we to make of a hypothetical argument advanced by public health nurses that the state invest more in the inspection and regulation of out patient surgical centers? Simply because some such centers do not care to be inspected and regulated are we to assume that there would be a “negative net social value” to the increased number of inspections? What are legislators to do?  Knecht advises “focus?”

“Above all, they can’t make the right decisions if they substitute laboring over program details for focusing on the premier fact that government is already so big – even while still growing – that it has slowed economic growth to a long-term crawl and thus damaged our communities and children’s futures. If they really cared, they’d address and fix that first.”

Repeat the drum roll: Larger government = slow economic growth. As we’ve seen earlier in this post, that argument doesn’t stand under even cursory scrutiny.  This is a highly subjective point of view, and informed more by ideology than by economics.   If our legislators “really cared” they’d go over those program details, looking for ways to streamline services without compromising the basics, and in doing so would address issues in education, public safety, public health, and the quality of life in Nevada – without resorting to ideological blinders.  We could use more wise owls, and fewer parrots?

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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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Kirner’s Folly

Kirner 2

Assemblyman Randy Kirner (R-NV26) is about to secure his position as the poster boy for ALEC in this session of the Assembled Wisdom.  From the ever informative LTN:

“As we discussed yesterday, the Nevada Legislature has devolved into chaos and treachery… Yet again. This time, Assembly Member Randy Kirner (R-Reno) is threatening to kill SB 353, the sexual orientation conversion therapy ban, and possibly additional bills that have nothing to do with union issues, because he’s upset his ALEC bills to blow up unions and hand public servants’ retirement savings (PERS) to Wall Street aren’t moving. Oh, yes. That’s right. He’s going there!

But wait, there’s more. Now that Kirner is hinting that he’s a possible swing vote for the Nevada Revenue Plan, Governor Brian Sandoval’s (R) preferred revenue raising tax reform package, there’s real fear that Kirner is trying to abuse this tense situation to extract some sort of PERS deform (in addition to the bipartisan deal already reached on SB 406).”

Follow The Money

And, why not?  A quick look at the funding behind Assemblyman Kirner’s campaign shows the predominance of right wing money flowing into Kirner’s campaign coffers.  That “Students First” item on the donor list should be a big clue.   “Students First” is Michelle Ree’s anti-union outfit, which was caught working with ALEC in Connecticut to promote the ALEC agenda in 2012.  [BProg]  This year the organization was caught in New Mexico trying to coordinate an anti-union and anti public school campaign using social media and bloggers to promote “educational reform.” [Ravitch]

Kirner’s positions on “reforming” Nevada PERS are straight out of the ALEC playbook. (pdf)  If we’d like a preview of what ALEC and the Koch financed State Policy Network have in mind – handing over public employee retirement funds to the players in the Wall Street Casino – look at Kansas. [Politicususa]

Kirner was also the beneficiary of the Retail Association of Nevada, $5,500 in donations.  Interestingly enough, RAN is a first cousin of the Committee to Protect Nevada Jobs; RAN’s CEO is Mary Lau, who is also listed as the treasurer of CPNJ for 2013.  In August 2013 RAN was pleased to insert a tip of the hat to the Committee to Protect Nevada Jobs for its opposition to the “teacher tax” initiative. (pdf)

The District

Assembly 26 Assemblyman Kirner’s notion that he can blow up this session of the Legislature in search of satisfaction on right wing issues may reflect the district – the 26th is almost exclusively white (86%) and 46% Republican. Most residents live in owner occupied housing, and most are between the ages of 18 and 59. [LegNV pdf] [More: Statistical Atlas]   Kirner ran unopposed in the last election, getting 50.03% of the total vote. [SSE]


Given the last election results, even considering his close primary, is Assemblyman Kirner functioning as if he were in a safe seat?  Or, given the close primary is he sliding to the radical end of the right wing spectrum because of opposition which emphasized “no new taxes,” “school choice,” and “it’s not government’s job to create jobs?” [Krasner] Little wonder the primary was close given the ideological proximity of the two Republican candidates.

Can Democrats in Assembly District 26 move the needle?  There are 12,077 registered active voting Democrats in AD 25 out of 41,198 total. There are 18,763 registered active Republican voters in the district. There are 1,881 registered members of the Independent American Party, and another 445 registered Libertarians. 7,421 are non-partisan registered voters.  [NVSoS] There are 64,703 residents of the District.  Approximately 63.7% of the residents of the District are active, registered, voters.  First, it’s hard to move the needle without a race, and there is an obvious need for candidate recruitment in AD 26. Secondly, given the 81% turnout in 2012 compared to the 45.55% turnout in Washoe County in 2014, could Democrats “move the needle” if there were a candidate for the Assembly seat in a presidential election year campaign?

In the meantime, we’re treated to what can happen with a “safe seat” ideologically driven incumbent with funding and support from corporate interests and conservative allies – pro gun, anti-union, and anti-gay issues become the basis for retail politics in the District.  Waving these banners shouldn’t be allowed to obscure real issues facing real people in the Silver State.

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Filed under 2012 election, Nevada Democrats, Nevada politics, Politics

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