76th Legislative Session

Tuesday, June 21, 2011

Assemblyman Cresent Hardy to Host Townhall

Join Assemblyman Cresent Hardy for a Legislative Update
DATE: June 22nd
TIME: 5:00PM
PLACE: Mesquite City Hall

Monday, June 6, 2011

The “Last Day” and Where I Stand…

120 days ago, each legislator came to Carson full of hopes and dreams. I came here hoping to see critical changes to the state’s education system.

I believe Governor Sandoval and the 2011 Legislature have taken the first steps to set Nevada on the right reform path towards a better educational future. In addition, an adequate level of funding to compliment those reforms--was finally appropriated for K- 12 and the Higher Ed System.


By now, everyone knows an event took place at the end of this session that virtually no one here in Carson expected. With time running out, Nevada’s Supreme Court weighed in on money the state had improperly appropriated--blowing a huge hole in the Governor’s budget that forever changed the outcome of the 76th Session.

Before I comment on what the State Court’s decision meant to this budget and my vote, it is worth remembering the wisdom of America’s Founding Fathers. The checks & balances system and the separation of powers of the executive, judicial and legislative branches of government—are not always welcome, but they were enshrined in the U.S. Constitution for a reason. Obviously Governor Sandoval and Republican members of the Legislature were not only surprised but were disappointed with the High Court’s decision. Having said that, I trust the judgment of the man who has served as Nevada’s Attorney General as well as a Federal judge. On the day the decision came down, Governor Sandoval described it as “a punch to the gut.”

I understand the feeling. Still, it was a constitutional punch.

Approximately $656 million in the Governor’s budget was in jeopardy of causing possible litigation-producing taxpayer funded Special Sessions. Under those extraordinary circumstances, the Governor’s “rock and a hard place” decision to agree to an extension of existing taxes scheduled to “sunset” seems a wise decision. I personally believe it was the right decision.

Throughout the last 120 days, I worked to foster debate on critical reform issues. In creating a Freshmen Caucus, holding a Legislative Town Hall on budget issues, and sending out this weekly newsletter to legislators, lobbyists and constituents--I have attempted to forge discussion on the five reforms myself and my Republican colleagues thought were crucial public policy issues.


When all was said and done, we didn’t succeed in getting everything I wanted. One rarely does in politics. We did however, move the reform package down the playing field and will start next session with a first down on the 20 yard- line in the red zone.

What then, was accomplished this Session? Reform changes this legislative session to education policy, [passed] collective bargaining, [partial reforms] public employee retirement benefits, [a good start] prevailing wage reforms, [not accomplished] and construction defect legislation [blocked by trial attorneys] are important policy changes that will help Nevada by saving taxpayer dollars in the future.


For those among you who may look at Governor Sandoval’s and Republican lawmakers’ decision to extend existing taxes as a broken promise—I understand your disappointment, but I do not agree with that conclusion. While I respect those who may feel betrayed, I would hope they understand what the options truly were. For myself, I am a Nevadan before I am a Republican. I believe my vote on the Governor’s budget reflects that fact.

A fiscal “train wreck” likely triggering subsequent court cases and special legislative sessions at taxpayer’s expense would have caused greater instability to Nevada’s slowly recovering economy. As a small business owner, I too will have to continue paying a payroll tax that has been hard on my company. It was not an easy decision, but I am convinced it was the most responsible solution to pursue.


Governor Sandoval and Republican lawmakers stood firmly against seven new Democrat proposed tax measures that Nevada’s recession-weary economy could not absorb. We also managed to eliminate the payroll business tax on the 115,000 Nevada small businesses that earn under $250,000 annually.


I greatly appreciate the opportunity to have served in the 76 Session of the Nevada Legislature. During the upcoming interim, I look forward to working with many of you on the issues important to each of us.

Thank you as well, for reading this weekly report when you had the time. I will continue sending you periodic newsletters in the next year I hope you will find useful.


Please stay in touch and have a nice summer. Now that the Legislature is almost over, God may smile upon us again and the sunshine should return.

Thank you for listening…

Best-
Pat Hickey

Thursday, May 26, 2011

Prevailing Wage System Needs Fixing


Nevada leads the country in unemployment, foreclosures and bankruptcies.  It also tops the list for having some of the highest prevailing wages in the country.

Prevailing Wage is a system governed by the Labor Commission that establishes the compensation for employees working on government projects. The Labor Commission annually surveys contractors in each county to determine what the prevailing wage for each job will be. Under the current law, contractors can include in their estimates to the Labor Commission, pensions, health and welfare, vacation and holiday pay, the cost of apprenticeship training and additional benefits. As a result, public employees working on government projects frequently receive twice the compensation as they would on private projects.

Republican lawmakers are trying to fix the flawed prevailing wage system with A.B. 312.  The passage of A.B. 312 would implement sound economic policy, allowing competitive bidding for government projects. It also removes the surveyed contractors ability to include any potential future benefits in their estimated wage.

Assemblyman Cresent Hardy, R-Mesquite, is leading the charge on revising prevailing wage and is the main sponsors of A.B. 312. “Our economy in Nevada is suffering,” said Assemblyman Hardy. “The unchecked prevailing wage system is a significant contributor to our budget woes.  We cannot afford to pay inflated labor wages for government projects while the rest of the state and its employees are tightening their financial belts,” said Hardy.

The current prevailing wage system is having a negative effect on Nevada’s economy, specifically the construction industry. “Inflated prevailing wages results in fewer construction projects, fewer jobs, higher unemployment and more people relying on tax funded benefit programs,” said Hardy “Prevailing wage is about government accountability. As lawmakers, we need to be better stewards of the resources we have and look for ways to put more Nevada’s back to work,” said Hardy

A.B 312 was referred to the Assembly Ways and Means committee on April 18.  No action has been taken.

While Republican lawmakers examine ways to do more with less, Democrat lawmakers continue to call for a $1.2 billion tax increase.

Tuesday, May 10, 2011

Democrats Pass Partisan Redistricting Plan

          Democrats in the Nevada Legislature today approved a partisan plan to redraw the state's Congressional and state legislative districts. 

Despite the fact that Nevadans have chosen two Republicans and one Democrat to represent them in Congress, the Democrat Congressional plan creates 3 districts likely to elect Democrats and only 1 likely to elect a Republican.

"It is an outrage," said Senator Michael Roberson, speaking on the Senate floor in opposition to the plan. "Our colleagues on the other side of the aisle think that they should decide who will represent us in Congress- and not the people."

In the Nevada Senate, where Democrats currently hold a single-seat advantage- they have created 13 districts likely to elect Democrats, only 5 likely to elect Republican candidates, and 3 that will be competitive.

In the Assembly, the Democrat plan creates 26 districts that favor Democrats, only 8 that favor Republicans, and * more that are likely to be competitive. 

The Democrat plan usurps the will of the voters by drawing the state's electoral map to ensure that a single party- the Democrat party- will dominate Nevada's elections for the next ten years.

In the 2010 general election, Nevadans cast significantly more votes for Republican candidates than for Democrat candidates.

In the Gubernatorial race, Republican Brian Sandoval received +12% more votes than the Democratic candidate. In the same election, Republicans received +6% more votes in Congressional races, +15% more votes in Nevada Senate races, and +10% more votes in Nevada Assembly races.

Said Assemblyman Scott Hammond, following the Assembly vote: "The worst part of the Democratic plan is that they are doing this at the expense of the Hispanic community." 

Monday, May 9, 2011

Autism Treatment Assistance Program

      Carson City – Legislators on the Assembly Ways and Means Committee will consider A.B. 315 and A.B. 316 today. A.B. 315 would establish the Autism Treatment Assistance Program (ATAP) as the primary treatment program for children through the age of 19 years. A.B. 316 establishes regulations to assess and evaluate persons with autism who receive services though public programs.

Currently, autism services in the Nevada are divided across three divisions withinthe Department of Health and Human Services:

  • The Division of Aging and Disability Services
  • Mental Health and Development services, and

  • The Health Division 
Consolidation of these services would ensure that state funding for children with Autism Spectrum Disorder (ASD) would be used effectively, funding only evidence-based treatments.

The primary sponsor of the legislation is Assemblywoman Melissa Woodbury, R-Las Vegas. Woodbury, an educator for 16 years, has been actively pursuing ways to improve treatment to special needs children. 9 of her 16 years as an educator have been spent teaching children with special needs.

“ Having spent most of my years in the Clark County School District teaching children with special needs, three of those years devoted specifically to teaching children with autism, as well as having a nephew with autism, I have seen first-hand the impact the disorder has on the lives of many individuals with autism and their families,” said Woodbury. “ The goal of this bill is to provide consistency, improve  outcomes for children with Autism in Nevada, and reduce the long-term cost to taxpayers,” said Woodbury.



The price tag to provide lifetime care for one untreated low-functioning person with autism can run as high as $6 million. Most of that cost is in adult care.

“ I have seen the difference that early, intensive intervention can make. Autism is treatable and I remain devoted to improving outcomes both in my personal teaching interactions as well as with legislation that will open the doors for all children with autism to receive early diagnosis and appropriate, evidence-basedtreatment,” said Woodbury

A .B. 315 and A.B. 316 have received bi-partisan support in the State Assemblyand the State Senate.

Thursday, May 5, 2011

Democrats Propose Historic Tax Increases

         Carson City- Democrat lawmakers announced a tax plan today that would increase state taxes to historic highs.

"Raising taxes is a decision that ignores the economic reality that Nevada faces," said Assembly Minority Leader Pete Goicoechea, R-Eureka. "We are focused on providing a sensible approach to meet the needs of the state. Raising taxes is not the answer. Doing so jeopardizes the stability of our economy," said Goicoechea.

The Democrat's historic tax increase plan comes two days after the Governor's economic forum released projections showing $274 million in revenue increases. Republicans would like to see any additional revenue received directed towards education.

"The additional projected revenue should be used to help fund K-12 and higher education," said Assemblyman Scott Hammond, R-Las Vegas. "As an educator, I understand the financial difficulties facing teachers and students in the classroom. As a legislator, I also understand the difficulties facing the state. We have proposed reasonable steps that will satisfy both challenges," said Hammond.

The Republican Assembly Caucus is against any tax increase and is committed to insuring accountability for the resources that are currently available.