Legal complaint: lobbyist submitted false testimony to aid in bill’s passage – Nevada Policy Research Institute

Legal complaint: lobbyist submitted false testimony to aid in bill’s passage

The Legislature cannot effectively serve the public if policy is being shaped based on outright falsehoods and misinformation, which is why it is illegal to knowingly submit false testimony before a legislative committee.

Nevada Policy has alerted Legislative Counsel Bureau Director Rick Combs and the attorney general’s office to what appears to be a clear violation of NRS 218E.085(2) — the state law that makes it a crime to knowingly misrepresent any fact when testifying before a legislative committee.

The false statements were made by lobbyist Marlene Lockard during the March 1, 2019 Senate Government Affairs Committee hearing on SB224 — the PERS secrecy bill.

Ms. Lockard appeared on behalf of the Retired Public Employees of Nevada (RPEN), and was featured as part of Senator Julia Ratti’s formal presentation for Senate Bill 224.

As part of this formal presentation, Ms. Lockard relied almost entirely on known falsehoods when explaining why the secrecy proposed by SB224 is ostensibly necessary.

Specifically, Lockard told the committee that passing SB224 was necessary because of a recent court order that allegedly requires PERS to disclose its members’ passports, addresses of ex-spouses, birth certificates and other similarly invasive information. In reality, no such court order exists and none of that information is, nor has it ever been, public under Nevada law.

Given the status bestowed upon her by Senator Ratti, Ms. Lockard’s demonstrably false comments were accorded extra weight. Indeed, the first time a member of the committee had a question about SB224, that question was posed to, and answered by, Ms. Lockard rather than the bill’s sponsor, Senator Ratti.

More information about that hearing can be found here.

Because the knowingly false statements were made specifically to justify the secrecy proposed by SB224, and were made by a paid lobbyist invited by the bill’s sponsor to help present the bill, they represent precisely the type of deception NRS 218E.085(2) was designed to prevent, according to NPRI Policy Director Robert Fellner.

“It is fine to have different policy views and argue those differences vigorously,” Fellner said. “But I think we all would agree that enacting law based on falsehoods and misinformation is wrong, and erodes confidence in our public institutions.”

“It is hard enough for ordinary Nevadans to be engaged with the legislative process thanks to the proliferation of tax-funded government lobbyists and other special-interest groups,” Fellner continued. “Requiring that citizens fact-check all of the claims made by those who help introduce bills is an impossible task, which is precisely why Nevada state law prohibits the making of knowingly false testimony before the Legislature.”

“NPRI has long fought for transparency in government,” Fellner added. “Nowhere is transparency more important than in the legislative process. We hope that legislators remember their duty to serve the public and ensure any bills brought on behalf of lobbyists are done so in an open and honest manner.”

A copy of the complaint can be viewed by clicking here.

Source: Legal complaint: lobbyist submitted false testimony to aid in bill's passage - Nevada Policy Research Institute




NRA WIN: Federal Court Strikes Down California’s Gun Magazine Ban

Posted on March 29, 2019 ~ by Ammoland

California – -(AmmoLand.com)- Today, a federal district court issued a decision permanently enjoining California from enforcing its restrictions on standard capacity magazines capable of holding more than 10 rounds.

This monumental victory comes in the NRA and CRPA supported lawsuit titled Duncan v. Becerra, which challenges all of California’s laws banning so-called “large-capacity” magazines.

In issuing its decision, the court notes that “[c]onstitutional rights stand through time holding fast through the ebb and flow of current controversy,” and that governments cannot turn “millions of responsible, law-abiding people trying to protect themselves into criminals” for simply exercising their Second Amendment rights.

California will no doubt appeal the decision to the Ninth Circuit. Given that Duncan is not yet final, California gun owners should still exercise caution when interacting with law enforcement. NRA and CRPA attorneys will soon update members on what exactly this ruling means for California gun owners.

More details and guidance will be provided in future NRA and CRPA information bulletins. To stay up-to-date on the Duncan case and other important Second Amendment issues affecting California gun owners, visit www.nraila.org/campaigns/california/stand-and-fight-california/. And be sure to subscribe to NRA-ILA and CRPA email alerts by visiting www.nraila.org/sign-up and www.crpa.org.

Source: NRA WIN: Federal Court Strikes Down California’s Gun Magazine Ban


Why a Republic and How do we Keep it?

By Doug Knowles ~ February 28th 2019

Why did our forefathers, give us a republic?

It was not easy for them to agree on the best form of government for the newly liberated nation.  They did much research, analysis, and debate to come to the final definition of our Constitutional Republic.

A large portion of the consideration was to the understanding of the failures of other efforts both currently and in history, and how those failures would be prevented.

The types of governments they had to consider at that time, were vulnerable to and ended in rebellion and chaos.  They looked at the failures of the ability of the ruled to rule themselves.  Their ultimate goal became the concept of Governoring by those that are being Governed.

Chaos, being the absolute enemy of any government, how could they keep chaos in check. Balance the powers of the governing and the governed.

From this, the concept of a Constitutional Republic was born.  A form of government for the people and by the people. Throughout history, the attempts at pure democracy also ultimately failed in chaos — the inability to control the leadership by the governed.

The separation of powers with checks and balances allowing for organized intervention when the balance of power or control becomes detrimental to the republic was what would be attempted.

The branches of Government were organized to define not only responsibility but also accountability.

The legislature would be the body by which laws and fine tuning of the government would take place as well as the control of the spending.

To control chaos, they created a House of Representatives and a Senate. Each state would have two senators elected by the people. Each state would have an equal number of representatives to the population divided into equal districts of the population.

This was done to balance the legislative branch of government, between the two types of representation — equality of the states and the separate equality of the population as a whole. Last but not least, the decisions approved by both bodies have the President as a check and balance to veto.

The executive branch was created to operate the functions of governing based on the rules put in place by the legislature. It includes a President and Vice President elected by the states through a process called the electoral college. The today electoral college consists of 538 electors each having a vote. An absolute majority of 270 electoral votes is required to determine the President and Vice President, team.

Electors are chosen by a method provided in each state’s constitution, and a number of electors equal to the representatives and senators combined representing the state in the legislature.

A national election for the President and Vice President team is held in each state. However, the members representing the state may be chosen by other methods.  It is presumed, that the votes of the electoral college members will represent the results of the state’s election but is not required; it is based upon each state’s constitution.

A third, branch of the government, the Judicial, was created to be an arbiter between not only the Executive and Legislative branches, but between the government and the people as well as between the people.

Power and Control

In our Constitutional Republic, anything not covered in the constitution is left to the states. However, the states must yield to the constitution of the republic in the constitution of the state.

As the States, Counties and Cities were formed; they were encouraged to follow a similar approach for the same reasons that a republic was chosen.

The Model from the republic was separately elected branches and something similar to a legislature or commission or council.  Most states have an Executive Branch; A Governor and a successor, a Judicial Branch; an Attorney General and a Legislature; Assembly and Senate.

At the county levels things change, the legislature is replaced by a council or commission, but in most cases, the judicial, and law enforcement are still elected by the people making them a separate branch elected by the people.

The county, being the closest government to the people, has the ultimate jurisdiction and constitutional protection for the people.

The sheriff has the authority to stand between the people and any of the governments any issue of natural rights protected or not by the constitution of the republic.

Why and How are we the people losing the Power and Control

The only way we as individuals lose Power and Control is either delegating it or allowing to be taken. The constitution protects your ability to vote in or out the folks that you are delegating the power and control to.

Simple process until we allow it to be changed.

So far we have described what is referred to as the Layer Cake Republic. Each layer of government has controls that define them, and each layer has power and controls that are defined by the layers above or below.

Then comes what we call the Marble Cake Republic. This concept describes what we are seeing happen in the structure of government today.

Examples that turn the Layer Cake Republics to Marble Cake Republics

Starting in the legislatures, we find that they are delegating the power and controls we have given them to executive branch bureaucracies. When this happens, we as voters lose our power and control as our elected officials have delegated those powers to non-elected bureaucrats.

Anytime one of our Powers and Controls gets delegated to a non-elected official we lose our power and control of our vote.

Now comes the regional Boards and Commissions.  An example would be a regional water board. The member cities agree to create a board/commission for the purpose of making decisions and rules about water issues. This transfers the power and control of an agency. They appoint representatives to the board from each member city/county.

There go the powers and control of electing those that represent your interests on those matters.

Bad court decisions applied globally are another culprit.

A court decision, Reynolds v. Sims, 377 U.S. 533 (1964), forced western states like here in Nevada to change how senators are elected and allocated to the counties.  The legislature in Nevada was originally set up like the federal government, with a senator allocated for each county and the assembly members elected by district based on population. Now the senators are determined by districts created based on population.

This change had the effect of giving a majority of senators and assemblymen to the largest populated county in the state.  My county here in NYE shares both an assemblyman and senator with five other counties districts.  The Rural counties are no longer represented fairly.

Federal Lawsuit Aims to Ban Brothels in Nevada

Monday, February 25th 2019, 3:23 PM PST

A lawsuit filed in federal court aims to end the legal brothel industry in the Silver State.

The lawsuit filed by Rebekah Charleston names Nevada and Governor Steve Sisolak as defendants.

It alleges legal brothels violates her constitutional rights and it seeks a federal injunction against brothels in Elko, Lander, Lyon, Mineral, Nye, Storey and White Pine counties.

Last November Lyon County defeated a measure that would have banned brothels there by a wide margin.

In a statement Monday the Mustang Ranch called the lawsuit “a desperate act” and said in part “the female entrepreneurs in the industry pay their taxes, support their family, buy their first homes, and pay their way through college or other educational courses. In over 4,000 work card applications filed over the last 20 years by working professionals and employees at the Mustang, not one has turned up to be a victim of trafficking.”

Source: Federal Lawsuit Aims to Ban Brothels in Nevada