See you in court, governor

by Thomas Mitchell

So, the governor is confident that the extension of the modified business tax rate will withstand a legal challenge, according to both the Las Vegas newspaper and the online Nevada Independent.

“We’ve got legal opinion from LCB (Legislative Counsel Bureau) that, you know, a simple majority is what’s needed,” Gov. State Sisolak was quoted as saying Tuesday. “I’ve been in government for 20 some-odd years, and if you don’t trust your attorneys, you’ve got a problem. So I’m confident that the attorneys gave us a good opinion. We’ll move forward from there.”

Be prepared to move back, governor, by nearly $100 million in your budget for the next two years — the budget that promises 5 percent raises for teachers.

Republicans have promised a legal challenge if the business tax was extended without a two-thirds majority of both houses as prescribed by the Constitution. The tax extension passed the Senate on a party line vote of 13-8, one vote shy of two-thirds.

Voters in 1994 and 1996 amended the Nevada Constitution to state “an affirmative vote of not fewer than two-thirds of the members elected to each House is necessary to pass a bill or joint resolution which creates, generates, or increases any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates.”

The modified business tax passed in 2015 by a two-thirds vote of lawmakers contained specific language saying the rates would be reduced in 2019 if tax revenues exceeded a certain level, which they have.

But the compliant LCB told the majority Democratic lawmakers and the Democratic governor, “It is the opinion of this office that Nevada’s two-thirds majority requirement does not apply to a bill which extends until a later date or revises or eliminates a future decrease in or future expiration of existing state taxes when that future decrease or expiration is not legally operative and binding yet, because such a bill does not change but maintains the existing computation bases currently in effect for the existing state taxes.”

The bill clearly “generates” revenue that two-thirds of the lawmakers in 2015 said would decrease as of July 1, 2019.

The state Constitution is not something to tamper with. Republicans should take it to court and make the Democrats abide by the rules, even if it means a special session would have to called. In fact, the GOP lawmakers should go directly to the state Supreme Court for an opinion that would binding, unlike the LCB opinion “that future decrease or expiration is not legally operative and binding yet …”

Asked nearly the same question in 2011, 2013 and 2015, the LCB said a two-thirds vote was necessary. So, governor, when do you trust your attorneys?

Gov. Steve Sisolak, right, talks to reporters about legislative session. (R-J pix)

Source: See you in court, governor

Group signals recall effort of Gov. Sisolak over gun legislation

Nevada Governor Steve Sisolak delivers his first State of the State address from the Assembly Chambers of the Nevada Legislature in Carson City, Nev., Wednesday, Jan. 16, 2019. (AP Photo/Tom R. Smedes)
June 3, 2019 – 3:55 pm

A conservative group has formed a recall committee to attempt to kick Gov. Steve Sisolak out of office, a nascent effort largely motivated by fear of losing rights under recent gun control legislation.

Fight for Nevada, based in Elko County, registered with the secretary of state’s office on May 6. The group’s president, Angela Blass, said Monday that the “state will become dangerous” under policies championed by Sisolak, the new governor.

It was “sort of this deep gut feeling that something has to be done,” said Blass, 41, who works as an assistant administrator for a fuel company. “We can’t allow this. And also, it scared the hell out of me.”

On Saturday, a gun control bill that would ban bump stocks and enact stricter gun storage provisions and a “red flag” provision enabling authorities to seize guns from those deemed a threat to themselves or others was sent to Sisolak’s office. The next day, Fight for Nevada held its first major rally in Carson City.

The group is opposed not only to gun control legislation, but to wasteful spending and attempts to make Nevada a sanctuary state, according to its website.

“In the final hours of the legislative session, Governor Sisolak remains focused on his priorities for Nevada families — funding our schools, expanding access to health care, and fighting for a safer Nevada,” Sisolak spokeswoman Helen Kalla said Monday when asked to respond to the group’s effort.

Blass moved from California about two years ago; she said she was not politically involved until now and insisted that her group tries to be bipartisan. But she also said she witnessed the consequences of Democratic leadership in California and lamented that Nevada appears to be heading down a similarly liberal path.

She claimed there are about 8,000 members in the group and said they expect to begin signature-gathering efforts by November. Organizers say they will need 242,950 signatures of registered voters who cast a ballot in the gubernatorial race last fall to launch a recall election.

Source: Group signals recall effort of Gov. Sisolak over gun legislation

https://www.facebook.com/groups/386055352220090/

https://www.facebook.com/recallsisolak/

https://www.facebook.com/groups/ConcernedVotersNorthernNV/


Upcoming Rallies
6/16/2019 Elko Rally

The Elko Rally has been moved to the 16th. There is going be speakers, a raffle and a lot of supporters! Come down and make your voice heard! Sheriff Aitor, Merecedes Mendive and Thelma Homer will be there.

1pm14810 Hwy 227 Spring Creek, NV

Estuary Park

06/22/2019 Winnemucca Rally

 Location: Winnemucca boulevard between McDonald’s and the pig BBQ restaurant on the sidewalk. Parking is available in the lot beside AutoZone. We can gather in the AutoZone parking lot to consolidate before starting the March.   Regroup at pioneer Park at the gazebos near the restrooms at 2:00pm-? for public speakers.   Speakers are: Angela blass: Fight for Nevada Aitor Narvaiza: Elko sheriff Joshua Schmitt: 3% Legion Militia 

12pm1:30pm

Winnemucca boulevard between McDonald’s and the pig BBQ restaurant on the sidewalk.

Nevada AB291 – Rules Suspended, Bill Completely Changed and Passed by The Senate.

AB291 was sent to the Governor late Friday, May 31st, 2019.  The bills final Senate version looks very little like what was passed out of the assembly earlier this month. After suspending the rules, the Senate amended the bill and added the verbiage from two other bills that never made it out of committee, giving them a life they were not supposed to have.  Red Flag and Gun Storage Laws were added to replace all of the Preemptive State Gun Law that was removed.

May 20, 2019 by associated press  CARSON CITY, Nev. (AP) — Gun control group Everytown for Gun Safety says it supported a proposal at the Nevada Legislature that would have allowed counties to pre-empt state gun laws and pass stricter firearm regulations but it became clear that the measure could not pass this year in the face of opposition.

The proposal was part of a broader gun bill moving through the statehouse but the bill's sponsor, Democratic Assemblywoman Sandra Jauregui, released a statement Friday saying she was removing the provision at the request of Everytown and other groups. The provision is expected to be replaced with language creating a so-called "red flag" law allowing police or family members to seek an order to seize guns from people who appear violent or may post a danger. 

Everytown deputy press secretary Zoe Sheppard says "there is a real path" to pass a red flag law in Nevada "that can save lives right away. She says Everytown will try again in the future to pass legislation allowing counties to set their own gun control regulations.

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Saturday, June 1st, Second Amendment supporters rallied with members of the Nevada Republican Assembly Caucus in Carson City as well as Las Vegas.


Briefing in Pahrump water order appeal filings complete

The briefing in the appeal case regarding Nevada State Engineer Order #1293(A) has reached its conclusion.

The documents for all parties involved are now undergoing the process of screening by the Nevada Supreme Court, which will decide whether or not to move the case forward and hold a hearing to allow for oral arguments.

In addition to the Nevada State Engineer’s Office, which is the appellant, and Pahrump Fair Water, the respondent, a third party has joined the battle as well. The Nevada Groundwater Association requested leave to file an amicus brief, taking the side of Pahrump Fair Water in the argument, and the Nevada Supreme Court has granted that request.

The water order has been the source of much contention since it was originally issued in December 2017.

The order restricts the drilling of new domestic wells in the Pahrump Valley unless two acre-feet of water rights have been relinquished in support of the well. For some Pahrump property owners, water rights were already relinquished when their parcels were initially created. However, for many others, this is not the case and the order requires these property owners to first purchase water rights and relinquish them back to the state before they can drill a domestic well on their land.

Pahrump Fair Water, an organization composed of local property owners, well drillers and real estate agents, filed suit to put a stop to the water order. After several months of legal maneuvering, a judge with the Fifth Judicial District Court rendered a ruling in November 2018 in favor of Pahrump Fair Water and overturned the water order.

That was far from the end of the matter, however, as the Nevada State Engineer’s Office took its opportunity to file an appeal, which is the case now before the Nevada Supreme Court. While the case is being considered, the Supreme Court has issued a stay on the ruling that overturned the water order, meaning at the moment, the order is still in effect.

The basic argument between the engineer’s office and Pahrump Fair Water stems from the question of just how far the state engineer’s authority extends when it comes to domestic wells.

Pahrump Fair Water asserts that the engineer does not have the power to regulate domestic wells except in very specific circumstances, which the organization argues do not exist in the given situation. The state engineer, conversely, proclaims that the engineer’s office can, in fact, restrict domestic wells and withdrawals from such if the engineer finds that it would be in the best interest of the health of the overall water basin to do so.

There are several other points argued by both sides in the briefs filed in the case, including those regarding due process requirements and whether potential new domestic wells constitute a vested property right or protectable interest.

Now the case has reached a “wait and see” point, as there is no definite schedule for when the Nevada Supreme Court might decide to hold a hearing in the matter.

“There is really no way to tell,” David Rigdon of Taggart and Taggart, LTD, the law firm representing Pahrump Fair Water, stated when asked about a possible time line for the case. “I’ve seen the screening process take as few as 45 days and as long as seven to eight months. It all depends on their workload. In the order approving the stay, the court stated that they wanted expedited briefing… However it’s not clear whether the court will expedite its screening and review.”

The appeal is filed under Case No. 77722. All associated documents can be reviewed online at www.nvcourts.gov

 

Contact reporter Robin Hebrock at rhebrock@pvtimes.com

Call to action on AB 95

The Nevada Legislative Session is has just three weeks remaining until it comes to a close and the fate of hundreds of bills depends upon the decisions made in these final days.

In a email sent out May 14 to area residents with a deep interest in local water resources, Nevada Assemblyman Greg Hafen II urged the community to reach out to Nevada Senators and ask them to vote “no” on one particular bill, Assembly Bill 95.

The bill calls for changes to Nevada water law that many have been pushing back against. It would require the Nevada State Engineer, “…to continue to allow withdrawals of groundwater from domestic wells under certain circumstances in groundwater basins where withdrawals have been restricted to conform to priority rights,” according to the bill language.

The bill dictates that domestic wells would be allowed to continue pumping half an acre foot of water it times of curtailment but only if the owner installs a water meter. The idea of water meters is something Pahrump residents have been extremely resistant to for years. Many have also argued that the state engineer does not have the authority to curtail domestic wells at all, a belief that is current under debate in a lawsuit between the engineer’s office and Pahrump Fair Water.

A bill very similar to Assembly Bill 95 was before the Nevada Legislature in 2017 and after the public outcry, it ultimately failed to pass.

“I rise today in opposition to Assembly Bill 95. Assembly Bill 95 tramples over 100 years of Nevada water laws to the detriment of all water users,” Hafen stated from the Assembly Floor on May 14. “We heard from many Nevadans during the bill’s hearing about the negative effects of the bill. There was not one person or organization in support.”

“Currently, domestic wells in my district are already only using an average of half an acre foot per year,” Hafen continued. “Conservation is the key to solving Nevada’s water issues and this bill does nothing to promote conservation, but does have a financial burden to well owners by requiring them install a meter. I urge my colleagues to vote ‘no’ on Assembly Bill 95.”

Details on the bill and a list of all Nevada Legislators along with their contact information can be found online at www.leg.state.nv.us

— Robin Hebrock, Pahrump Valley Times

Source: Briefing in Pahrump water order appeal complete


VICTOR JOECKS: Controversial gun control measure could pass without a hearing

The Legislature could pass a controversial gun control measure without ever holding a public hearing.

At issue is a red flag law, which allows courts to order the confiscation of weapons from people who pose a threat to themselves or others.

Narrowly tailored, these laws can be beneficial. For instance, the Parkland, Florida, school shooter had a history of disturbing and dangerous behavior. Police went to his house 39 times in seven years. It could have prevented a mass murder had a court taken away his weapons.

In the aftermath of the Parkland shooting, some prominent conservatives, such as David French with National Review, came out in support of red flag laws. But getting the details wrong can turn a good idea into a bad law. It’s a tough balancing act to design a statute that allows government to seize someone’s weapons while respecting an individual’s right to due process.

Finding that balance requires discussion and compromise. That could have happened. Early in the session, state Sen. Julia Ratti, D-Sparks, proposed a very broad red flag bill, Senate Bill 120. For instance, included in the definition of high-risk behavior was the act of acquiring a firearm within six months of displaying a firearm.

A judge who determined someone engaged in those behaviors and posed a risk could order that individual to turn over his or her firearms to law enforcement. The bill also required only “clear and convincing” evidence, a lower standard than beyond a reasonable doubt. Under the proposal, a judge could have ordered an individual’s firearms be confiscated without the subject knowing he’d been accused of threatening behavior.

If the court issued such an order — potentially without the person’s knowledge — the information would have been sent to the Nevada Records of Criminal History. Subjects would thus be prevented from passing a background check if they tried to legally buy a firearm. That makes sense. No point in taking someone’s firearms away if they’re allowed to just buy another one. What doesn’t make sense is that if the information doesn’t get removed automatically from the database if the court removes the protection order. The individual must petition a court to remove it.

This means the government could take your guns without you even knowing you’d been accused. And if you cleared your name, you’d have to return to court to restore your ability to purchase firearms. So much for innocent until proven guilty and due process.

Public and behind-the-scenes input would have improved this bill. But SB120 died in mid-April without a hearing.

That should have been the end of it. But Democrats are now considering amending a red flag law into Assembly Bill 291, which bans bump stocks.

If that happens, there won’t be a public hearing and gun owners may not even find out what’s in the bill until after it has passed.

That would be a mistake. A conversation about a red flag law is worth having, but getting the details right won’t happen if Democrats rush it through.

VICTOR JOECKS: Controversial gun control measure could pass without a hearing

Victor Joecks’ column appears in the Opinion section each Sunday, Wednesday and Friday. Listen to him discuss his columns each Monday at 10 a.m. with Kevin Wall on 790 Talk Now. Contact him at vjoecks@reviewjournal.com or 702-383-4698. Follow @victorjoecks on Twitter.

Source: VICTOR JOECKS: Controversial gun control measure could pass without a hearing


The Real Reason for AB291 and removing State Gun Law Preemption Laws?

Clark County commissioners open to gun restrictions on Strip

CARSON CITY, Nev. (AP) — Some Clark County commissioners have voiced general support for considering firearm restrictions on the Las Vegas Strip if Nevada lawmakers give them the power to create stricter gun laws.

The county would be given such power under the omnibus AB291 gun bill moving through the Democrat-controlled Legislature despite widespread opposition from Republicans and gun rights groups.

Some commissioners say state law prevented the body from enacting gun regulations following the deadliest mass shooting in modern U.S. history. The gunman attacked a 2017 Las Vegas music festival and used bump stocks to mimic the firing rate of an automatic firearm.

AB291 - Revises provisions relating to public safety. (BDR 15-759)
Captured from nellis - 4-29-2019 6:35 pm
Reprint Total Opinions Opinions in Favor Opinions Against View Comments
Original Bill Version 1913 208 1705
April 22, 2019 41 1 40
Bill Totals 1954 209 1745 View Comments

Share Your Opinion with Your Legislators
80th (2019) Session - While you still can!

"As a large metropolitan area, we simply face different law enforcement challenges than other places in the state," said Commissioner Justin Jones at a bill hearing, mentioning the millions of tourists who visit Las Vegas each year. He also said declaring the Las Vegas Strip a gun-free zone on major holidays would be a common-sense gun measure.

Jones said in an interview that he expects there to be interest on firearm restrictions for the Las Vegas Strip, if the Nevada bill passes.

Commissioner Tick Segerblom says he would go further.

Segerblom said he's not only in support of those restrictions, but wants a discussion over adding an assault weapons ban, handgun registrations and ammunition limitations.

Giving counties the ability to dictate gun laws allows the conversation over firearm issues to extend past the state's biennial legislative session, he said.

Nevada is one of the few states in which the Legislature meets every other year.

Jones and Segerblom are former state lawmakers who have backed gun bills in the past.

Commission Chairman Marilyn Kirkpatrick expressed support for considering gun regulations for the Strip corridor, but cautioned that the commission would have to consider the impact on large hunting shows.

The amended Nevada bill handily passed the Assembly with no Republican support. The Nevada bill would also ban bump stocks and lower the alcohol limit for legally possessing a firearm outside a person's home.

Unlike the original bill, the amended legislation would not allow cities and towns to enact stricter firearm laws. Yet the changes to the bill have not blunted criticism.

Don Turner, president of the Nevada Firearms Coalition, said the group remains in strong opposition to the amended bill and is most concerned with provisions giving counties the ability to create stricter firearm laws, arguing that it's easier to pass a local ordinance than a state law.

Assemblyman Tom Roberts, a Republican who voted against the amended bill, said he is in support of the bump stock ban, but disagreed with giving counties the power to create more stringent firearm laws. He argued it would create a patchwork of laws.

"It's not something I believe that we should be giving up to the county commissions, when we have such a large and diverse state with huge differences of opinion on this issue," he said.

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Source: Clark County commissioners open to gun restrictions on Strip


Editorial: Minimum wage hike will increase prices and crime

by Thomas Mitchell

Despite all the evidence that it will do more harm than good, a bill to raise the minimum wage in Nevada is still wending its way through the halls of the Legislature in Carson City.

Assembly Bill 456 would raise the minimum wage 75 cents per hour each year as it climbs from the current $7.25 per hour for those receiving company health insurance and $8.25 for those not insured until it reaches $11 or $12 per hour.

In his State of the State speech, Democratic Gov. Steve Sisolak called for raising the minimum wage and declared, “It’s impossible for an individual, let alone a family, to live on $7.25 an hour,” ignoring the fact almost no one “lives” on minimum wage. Fewer than 3 percent of workers are paid the minimum wage and most of them are under age 25 and working part-time. Most are supplementing family income rather than being self-supporting.

In fact, raising the minimum wage often results in jobs being cut and/or working hours reduced. One study found the average low-wage worker in Seattle lost $125 a month because the minimum wage was raised to $15 an hour.

Now, a recent study released by the National Bureau of Economic Research found that raising the minimum wage can harm even those who are not being paid the minimum wage.

Using national crime data from 1998 to 2016, the study found “robust evidence that minimum wage hikes increase property crime arrests among teenagers and young adults ages 16- to-24, a population for whom minimum wages are likely to bind.”

The study projects that raising the minimum wage to $12 an hour nationally would result in approximately 231,000 additional property crimes, costing the nation $1.3 billion. Raising the minimum wage to $15 an hour would generate over 410,000 additional property crimes and $2.4 billion per year in additional crime costs.

“We conclude that increasing the minimum wage will at best be ineffective at deterring crime and at worst will have unintended consequences that increase property crime among young adults,” the study authors concluded. They said that previous studies that projected a decrease in crime due to raising the minimum wage ignored the possibility of hours being cut and jobs being lost.

Don’t ignore the costs imposed on everyone when the minimum wage is hiked. A Cato Institute analysis in 2012 found that a “comprehensive review of more than 20 minimum wage studies looking at price effects found that a 10 percent increase in the U.S. minimum wage raises food prices by up to 4 percent and overall prices by up to 0.4 percent.”

The Congressional Budget Office in 2014 estimated that if the federal minimum wage were increased to $10.10 an hour — as proposed by President Obama and others — up to a million workers would lose their jobs.

According to the American Enterprise Institute, when the minimum wage rose 41 percent between 2007 and 2009, the jobless rate for 16- to 19-year-olds increased by 10 percentage points, from about 16 percent in 2007 to more than 26 percent in 2009 — even higher for minorities.

Without those entry level jobs younger Americans cannot build the skills needed to earn higher pay for a lifetime.

Still another Heritage study reported that every dollar increase in minimum wage really only raises take-home pay by 20 cents once welfare benefits are reduced and taxes are increased.

It’s the immutable law of unintended consequences. Lawmakers should abandon their support for this bill, which would cause more harm than good.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Source: Editorial: Minimum wage hike will increase prices and crime


Newspaper column: National Popular Vote would make Nevada voters “irrelevant”

by Thomas Mitchell

The Nevada Assembly voted 23-17 this past week to cut the impact of your presidential vote by at least a third.

Assembly Bill 186 would have Nevada join something called the “Agreement Among the States to Elect the President by National Popular Vote.” Instead of awarding Nevada’s six electoral votes — one for each representative and senator in Congress — according to how Nevadans vote, those six electoral votes would be awarded to the president and vice president team that wins the popular vote nationally.

One could say this cuts the value of Nevada’s votes from six to four, since the votes nationwide would be proportional to population. Or one could say it negates our votes entirely since it matters not how we vote.

Not a single Assembly Republican voted for the bill and five Democrats had the good sense to reject this attempt to emasculate the federalist system on which this country was founded.

If only three state Senate Democrats have the temerity to buck their party leadership and reject AB186 it would fail.

An email to Gov. Steve Sisolak’s office asking whether he would sign or veto the bill should it pass did not garner a response.

Backers say the compact would become a reality if it is adopted by states possessing a combined 270 electoral votes, or a majority of the 538 electoral votes. A similar bill passed in Colorado earlier this year, giving the proposal 181 electoral votes, just 89 votes short of becoming binding.

A similar measure passed the Nevada Assembly in 2009 on a party-line vote but failed to come up for a vote in the state Senate.

The instigation for the current push is the fact that in 2016 Donald Trump won the Electoral College vote by 304 to 227, though Hillary Clinton won the popular vote by 2.9 million.

If the National Popular Vote had been in force in 2000 Nevada’s then four electoral votes would have been enough to flip the election to Al Gore, even though George W. Bush won the popular vote in Nevada by 49.5 percent to 46 percent, winning every county except Clark. Bush won the electoral vote 271 to 266, but lost the popular vote by 540,000.

Janine Hansen, state president of the Nevada Families for Freedom, mentioned just such a scenario in testimony opposing AB186.

“There are three dangers I’d like to mention with the National Popular Vote,” Hansen testified. “One is the National Popular Vote will potentially betray the voters of our own state. If our state voted for candidate A and the National Popular Vote winner was candidate B, our votes would be stolen from our desire and given to the National Popular Vote winner, betraying the voters in this state. I think there would be a lot of angry voters if they found out that that’s what happened.”

Hansen also noted there is no national authority for determining the accuracy of the National Popular Vote.

In his testimony, Jim DeGraffenreid, vice chairman of the Nevada Republican Party, pointed out Nevada is currently a battleground state, getting significant attention from national candidates. He said the state’s first-in-the-West caucuses provide opportunities for all Nevadans to participate.

“The Electoral College exists because the Framers of the Constitution believed that each state should matter in selecting the president,” DeGraffenreid testified. “It is designed to protect the smaller states like Nevada. To suggest that a state should disregard its own voters and instead follow the will of voters in some other state is the exact opposite of what the Framers intended.”

He said the bill could make Nevada voters irrelevant.

The Founders created the Electoral College and the U.S. Senate to assure the smaller populated states were not relegated to powerlessness in a one person-one vote system. The states were meant to be sovereign and to hold the powers not specifically delegated to the federal government.

The National Review pointed out in a recent article that using 2016’s turnout stats a candidate could have won 54 percent of the vote in 48 states, losing only California, New York and D.C., but if an opponent won 75 percent of the vote in just those three locales, a 451 to 87 electoral vote landslide would have turned into a popular-vote defeat to 50.7 percent to 49.3 percent — even though the voters in 48 states rejected that candidate.

Should Nevada surrender its presidential votes to California and New York?

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Source: Newspaper column: National Popular Vote would make Nevada voters irrelevant


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