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May 4, 2005

What the Legislature has done this session


BOB LITTLE
MORE COLUMNS

"The Constitution was made to guard the people against the dangers of good intentions." - Daniel Webster.

Written almost 200 years ago, these words have long since been hidden from the view of the public through neglect of history and constitutional studies in our school system. And we have much to learn.

Now that members of the Legislature have shown they have no stomach for giving back any of the money they extorted from the private sector two years ago, it is time to begin a review of what they have been doing to us this session. Because mere words cannot describe their actions, I have listed a few representative bills for your review. The contents will both amaze and confound you.

AB180 revises provisions governing charter schools and changes the language of NRS 385 to make it appear the school districts are "sponsors" of charter schools rather than their natural predators. The only thing the education department wants charter schools or voucher ideas to do is go away. Passed Assembly, now in the Senate.

AB184 requires development and distribution of parental involvement compacts and code of honor relating to cheating by pupils. This bill requires the Department of Education to prescribe a form for a parental involvement compact that complies with the parental involvement policy adopted by the State Board. Each teacher is required to distribute the compact to the parent or legal guardian of each pupil in his class and provide the parent or legal guardian with a reasonable opportunity to sign the compact. Can they put parents in detention? Passed Assembly, now in the Senate.

AB306 directs the Legislative Commission to conduct interim study of feasibility of consolidating certain local governmental entities and services. Bill intends to clarify defining jurisdictional boundaries and guidelines but will in effect replace current government forms with localized cosmopols. Soviet ideals live on.

AB336 revises provisions regarding education to increase parental involvement. Refines the provisions of AB184 above with specific requirements for education and parents. In committee.

AB398 makes appropriation for statewide parental involvement and communications consultant. Provides for an administrative consultant for ABs 184 and 336 with annual salary from $84,000 to $105,000. I wonder if they will need a consultant to help find the consultant to communicate with? In committee.

AB452 revises provisions relating to restoration of certain civil rights to certain convicted persons. This bill would give liberals a whole new block of convicted liars, cheats, rapists, drug lords and sexual predators to bring to the voting booth. Unless amended, only those on death row will be ineligible to vote. And you thought allowing illegal aliens to vote was a bad idea.

AB556 requires Department of Personnel to add step to pay plan for classified employees. Call this the we don't know why, but give us and our fellow government workers another raise after we adjourn. Simply create a new step with a 4 to 5 percent differential and its done.

What is truly instructive as to the thinking of our Legislature is the list of bills they killed without even the benefit of a hearing. The means of accomplishing this is Joint Standing Rule 14.3.1, which allows the Democratic-controlled Ways and Means Committee to simply kill a bill with no challenge or debate allowed. A few of the scores of casualties this session is as follows:

AB48 expands exemption from requirements concerning payment of prevailing wage for certain contracts for public works. An effort to save taxpayer's money on government projects, DOA.

AB246 enacts Nevada Religious Freedom Restoration Act to prohibit governmental entities from substantially burdening the exercise of religion. Bet you thought the right to free exercise of religion was guaranteed by the U.S. Constitution, didn't you? This is what the bill proposed:

AN ACT relating to religious freedom; prohibiting a governmental entity from substantially burdening the exercise of religion of a person in certain circumstances; authorizing a person whose exercise of religion has been so burdened to assert the violation as a claim or defense in a judicial proceeding; authorizing a court to award damages against a governmental entity that substantially burdens the exercise of religion in certain circumstances; and providing other matters properly relating thereto.

Anyone know when the courts will begin protecting our First Amendment right to freedom of religion and the free exercise thereof? Are there any attorneys willing to accept a suit to ensure those rights?

AB252 prescribes limit on number of administrators in certain large school districts. Anyone really think this had a chance? AB396 requires courts to award attorney's fees and costs against attorneys and parties under certain circumstances. This was an attempt to end frivolous lawsuits. AB399 requires instruction in flag etiquette in public schools. This went down with the First Amendment.

AB449 repeals business license fee, business tax and tax on financial institutions and re-enacts business activity tax; an attempt to undo part of the tax increase of two years ago. AB450 revises provision relating to reporting of campaign contributions and expenditures. Required disclosure of how much cash each candidate has on hand quarterly. Intended to stop unrecorded disappearance of funds.

And finally, my personal favorite, AB476, provides for imposition of certain penalties against public officer who fails to carry out or enforce statute or regulation as required by law. Who in their right mind would ever think this would pass? A law requiring public officials to both enforce and obey the same laws we do? It's good to know there are still dreamers in Carson City, and the session isn't over yet.

Little writes from Pahrump. His column, "The Other Side," appears here on Wednesdays.



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