For League Members - Grassroots Advocacy/Activism Report 2012 LWVNV has earned our political reputation based upon grassroots community activism. Our philosophy is study, "show up," listen, and give voice to our positions. LWVNV is respected for our nonpartisan advocacy and voter services work. As a volunteer organization, we work with like-minded organizations and elected officials. Over the first six months of 2012, League activism reflected the fact that this is an election year. The political climate locally, state-wide and nationally is polarized and at times discouraging, nevertheless the high stakes outcomes are worth our efforts to find consensus. Nevada is a swing state in national politics. 2012 provides an opportunity for Nevadans to make a positive proactive difference. Locally, politics have the same high stakes in forming the direction Nevada will take as to the role of government, public services provided, and our quality of life. The economy holds center stage in election 2012. How Nevada addresses business, both in the private and public sectors, will be the linchpin to our future. Hopefully those who win the 2012 elections will find balance between fiscal conservative agendas and progressive social policy. Moderates will struggle to find traction. League supports weighing all sides of an issue, finding consensus or not. League also supports balance between majority rule and minority rights. League believes in the democratic process, representative government and the rule of law. Grassroots participation is a fundamental principle of democracy. League supports policy grounded in civic virtue and fundamental rights. League is monitoring voter registration regulations, campaign finance, and transparent open government. At this point, legislation is being formulated and political agendas are taking shape. Whether League supports or opposes policy will depend on our LWVNV positions and how proposed policy impacts elections, education, our economy, our environment, social programs including health care, and effective governmental operations. Nevada state governance operates as defined in the Nevada Constitution through three branches of government; a biennial legislature, checked by a full-time executive branch and a two tiered judicial branch and voter political will. Nevada has a unitary system of government whereby local governments exist under state oversight- not through home rule. Home rule may again be a consideration in 2013. Nevada lawmakers are not in session annually, however legislative operations through interim committees meet in even years and legislative sessions convene in odd years. The fact that legislators meet and make fiscal decisions annually is somewhat of a constitutional irregularity. Annual sessions have been discussed for decades. There is little to support a full time legislature due to cost and the tradition of a citizen legislature, nevertheless annual sessions are a common sense reform. League has testified in favor of annual sessions. The 2011 session approved a study of annual sessions to consider cost, effectiveness, other state organizations, overall accountability and responsiveness to governance. League testified in support of reforming the process of calling special sessions with the legislative branch having more control over the agenda, rather than the Governor having all the control. Special sessions have been the norm during the last ten years. The addition of appellate courts is something League and the voters support. Actions passed in the 2011 session expanded the role the Governor has overseeing K-12 public education reform, including the fact that the State Superintendent is chosen by the Governor, and the role of the State Board of Education.The State Superintendent will now serve as a member of the Governor's Cabinet. Given that public education is a fundamental right and a considerable state expense, how education reform is shaped is critical to the future of Nevada. League supports public education accountability and is monitoring the reform process. All government operations are influenced by revenue and expenses. Nevada revenue has limited both government operations and government services. The uncharted economic recession is forcing a review of revenue sources, transparent government expenses and tax policy. League is monitoring all of this. The current political climate has been contentious regarding public sector jobs, benefits, contracts and collective bargaining. Legislation to address the process was on the table in 2011. League is monitoring the issue. League has long supported reform to the Nevada Tax structure based upon a League study which found the present tax structure unstable and insufficient regarding government services including education and social services. Neither of which are supported at adequate and equitable levels. The economy, unemployment and diversifying industry within our state must be addressed. League actively supports conservation of our environment and is on the record in support of protecting Gold Butte. Gold Butte, our corner of the Grand Canyon, is a source of natural beauty and an untapped economic source as a means to expand international tourism in Nevada. League supports policy which taps non fossil energy, preserves and provides equitable allocation of water and ensures clean air policies. Yucca Mountain and the Nuclear Power Community continue to be at odds. League does not support nuclear waste storage at Yucca Mountain. League is on the record ensuring that voters are informed and have the ability to vote.The League, in partnership with the Brennan Center for Justice, used the legal system to improve Nevada's compliance with the Voter's Registration Act of 1994. League, working with the Secretary of State's office and the Department of Motor Vehicles, pushed to modernize voter registration by requring the state to install programs so that electronic updates to voter registration are available. The issue has stalled, however we continue to advocate for compliance. Money in campaigns is a long standing issue with regards to transparency in government. Last session there were several bills supported by League to improve campaign finance reporting and to provide information on contributions so voters were able to research the candidates and their supporters in real time. Assemblyman Hickey has come out early with a proposal to address open and timely campaign disclosure and lobbying regulations in the 2013 session. Public Education reform is on the front burner as Nevada struggles to improve the system and manage the cost while moving forward to meet the needs of the 21st century and our global world. The right to have an equitable and adequate education is a civil right. Last session the Governor and legislature worked on education reform. During the interim there have been discussions and studies on the existing public education funding formula and ways to balance the system and enhance funding without negatively impacting other services. The Nevada Plan meets standards, however it does not address equity in the true sense of the word. Add to this the fact that education revenue is often redirected to fund other services and that education funding with respect to reform is not meeting the needs of the students in the classroom, settling the funding issue is critical. There are those who support school choice. Charter Schools, distance learning, home schooling options and alternative programs are part of education reform. Those who look for more choice and support vouchers are looking at a change to the Constitution. The League does not support vouchers. Higher Education funding reform is on the table. Nevada has north / south/ rural/ urban issues. League supports an educational system which provides life-long learning necessary to improve our quality of life and the economy. The housing crisis has been critical to the continuing recession in Nevada. Home owners are looking to their Congressional representatives and state legislators for help. Attorney General Catherine Cortez Masto won a legal battle to get assistance for Nevadans. League has been monitoring regulations which impact home mortgages and foreclosures. League supported the Domestic Partnership Legislation passed in 2011. Civil rights are still in dispute which led to a lawsuit to settle the issue. League is monitoring the process. Women's rights are fundamental to civil rights for all. League supports equal rights and equal opportunity for all. Clark County School District is looking to bridge their capital funds. Maintenance requirements have replaced projects funded by the 1998 bond to address growth. The district may have a ballot question requesting a tax increase to fund Capital Projects adding to property taxes. Capital project funding was part of the 2011 budget debate which included a Nevada Supreme Court decision. League is monitoring all tax initiatives. The next six months leading up to the 2013 legislative session will require active grassroots activism. Respectfully, Sam King, LWVNV Director Grassroots Advocate.

LOBBYIST MESSAGE

 

Women represent nearly half of the workforce today, but many women who become pregnant face losing their job when requesting maternity accommodations.

That's why I hope you'll ask your representative to co-sponsor the Pregnant Workers Fairness Act that was introduced in the House of Representatives last week by Rep. Jerrold Nadler (D-NY)—a bill that will ensure pregnant workers are able to maintain their jobs without limiting their ability to work and support their family.

Under this bill, pregnant women will be able to request reasonable accommodations for pregnancy, childbirth, and related medical conditions without the fear of being fired—a privilege which isn't included in the Pregnancy Discrimination Act. These changes are long overdue, and we need to make sure the House passes this important bill.

Approximately 75 percent of women who enter the workforce will become pregnant at some point during their employment, and it's something that our workplaces should embrace. The problem is, the Pregnancy Discrimination Act that's currently law is more than 30 years old—when working mothers were a much smaller fraction of the workforce.

By urging your representative to support the Pregnant Workers Fairness Act you are helping protect women against discrimination and ensuring a safe and healthy work environment for all working mothers.

Sam

LOBBYIST MESSAGE

During the 2011 Legislative Session, LWVNV supported AJR5 as it applies to the intent of legislative responsibilities. Please review proposal below as it may appear on the ballot. There will be several ballot questions this election

 

Regards,

Sam

QUESTION NO. ____

Amendment to the Nevada Constitution

Assembly Joint Resolution No. 5 of the 75th Session

CONDENSATION (Ballot Question)

Shall the Nevada Constitution be amended to expressly provide that the Legislature may, on extraordinary occasions, convene a special legislative session upon a petition signed by two-thirds of the Legislators of each House; to limit the bills passed at a special session; to limit the duration of a special session to 20 consecutive calendar days except for proceedings involving impeachment, removal or expulsion from office; and to require the Legislature to adjourn all sessions on their final day not later than midnight based on the actual time on the clock?

Yes No

EXPLANATION

This ballot measure would amend the Nevada Constitution to expressly provide that the Legislature may call itself into special session on extraordinary occasions by a petition signed by two–thirds of the members of both the Assembly and Senate. Extraordinary occasions may include instances when it is necessary to address unexpected conditions or emergency situations, to conduct impeachment, removal or expulsion proceedings for misconduct in office, or to reconsider bills vetoed by the Governor after the adjournment of a regular session.

This measure provides that the Legislature may not introduce, consider or pass any bills at a special session, whether convened by the Legislature or the Governor, except for bills related to the business specified in the petition or Governor’s proclamation and bills necessary to pay for the cost of the special session. This measure also limits a special session to 20 consecutive calendar days unless the special session is called for the purpose of impeachment, removal or expulsion from office. Under these circumstances, an exception is provided to allow sufficient time for due process considerations.

Currently, the Nevada Constitution provides that regular sessions of the Legislature must be adjourned on the final day of the session not later than "midnight Pacific standard time." The Nevada Supreme Court has held that when the State is observing daylight saving time on the final day of a session, the Legislature is not required to adjourn the session when the clock strikes midnight, but may continue the session until 1:00 a.m. Pacific daylight saving time because such time is equivalent to "midnight Pacific standard time." This measure supersedes the Nevada Supreme Court’s decision by providing that regular sessions and special sessions must be adjourned on the final day before "midnight Pacific time," which is defined to mean the actual time on the clock.

- 1 -

A "Yes" vote would amend the Nevada Constitution to: (1) give the Legislature express power to call itself into special session on extraordinary occasions; (2) limit the bills passed at a special session; (3) limit the duration of a special session except for a special session called to conduct proceedings for impeachment, removal or expulsion from office; and (4) provide that regular and special sessions must be adjourned on the final day not later than "midnight Pacific time," which is defined to mean the actual time on the clock.

A "No" vote would retain the provisions of the Nevada Constitution in their current form, which give only the Governor express power to convene the Legislature into special session and which provide that regular sessions of the Legislature must be adjourned on the final day not later than "midnight Pacific standard time," which has been interpreted by the Nevada Supreme Court to be 1:00 a.m. Pacific daylight saving time.

ARGUMENTS FOR PASSAGE

Because there are extraordinary occasions when immediate action is critical, it is imperative for the Legislature to have express power to call itself into special session. A governor may not respond quickly enough to unexpected conditions or emergency situations or may act in self-interest or defy the will of the people. It is unwise for only one elected official to have the express power to convene special sessions. If a Nevada governor were accused of egregious misconduct like former Illinois Governor Rod Blagojevich, it is highly unlikely that the accused Nevada governor would convene a special session for his or her own impeachment. Under such circumstances, the accused Nevada governor could remain in office until the next regular session, which could be a period of nearly 20 months. This measure would ensure that such a dangerous and repugnant situation never occurs in Nevada.

This measure includes strict checks and balances to ensure that the Legislature does not abuse the special-session power. It is extremely difficult to reach a two-thirds supermajority of the members from both Houses, especially to take extraordinary action to convene a special session. The supermajority would have to specify in the petition the business to be transacted at the special session, and the Legislature could not pass any bills except those related to the business specified in the petition and those necessary to fund the session. The Legislature also could not stay in session longer than 20 consecutive calendar days except for proceedings involving impeachment, removal or expulsion from office. These safeguards will make such special sessions rare.

Finally, this measure would provide that regular and special sessions must be adjourned on the final day before "midnight Pacific time," which is defined to mean the actual time on the clock. Like Nevada’s citizens who must conduct their business and social affairs in accordance with the time on the clock, the Legislature should have to adjourn on the final day of the session in accordance with the time on the clock. Midnight means midnight, not 1:00 a.m. The Legislature should not be allowed to follow a different clock than all of the citizens of this state.

- 2 -

ARGUMENTS AGAINST PASSAGE

There is no great need for the Legislature to have express power to call itself into special session. When extraordinary situations have arisen in the past, Nevada’s governors have convened 26 special sessions to address those situations. The Legislature has never had to impeach a Nevada governor, and this measure is not limited to situations involving impeachment, removal or expulsion from office.

This measure is an attempt to get around the voters’ past opposition to annual sessions. Nevada’s biennial regular sessions are intended to curtail the amount of time the Legislature may engage in law-making. The framers of theNevada Constitution created a part-time "citizen Legislature" by limiting the occurrence of regular sessions to once every two years. This measure may move Nevada away from the tradition of a part-time Legislature. Although the length of any one special session is limited to 20 consecutive calendar days, this measure does not limit the number of special sessions that can be called by the Legislature. Nevadans may be subject to the passage of an increasing number of laws if the Legislature can call itself into special session.

Lastly, the Nevada Constitution gives the Legislature 120 consecutive calendar days of 24 hours each to complete its legislative business during a regular session. When Nevada advances its clocks to daylight saving time during a regular session, one of those days is shortened to 23 hours. To account for the lost hour because of the time change, it makes sense for the Legislature to adjourn on the final day of the session one hour later at 1:00 a.m. Pacific daylight saving time.

FISCAL NOTE

Financial Impact—Cannot Be Determined

The proposed amendment to the Nevada Constitution would expressly provide a method for members of the Nevada Legislature to convene a special session of the Legislature. If this proposal is approved there would be costs associated with convening and holding a special session called by the Legislature, but the financial impact cannot be established with any degree of certainty because the number and duration of such special sessions cannot be predicted. It should be noted that the costs to organize and hold a special session convened by the Legislature would be the same as a special session convened by the Governor. The State may incur minimal costs to develop and circulate the petition required to convene a special session under the proposal, which should have no adverse fiscal impact on the State.

- 3