Tag: Nevada

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Fifth Amendment rights property rights

Forfeiture Gang Foiled

Nevada, civil asset forfeiture

The Institute for Justice has won a major civil forfeiture case in Nevada.

A district court ruled that the Nevada Highway Patrol — which had grabbed a man’s life savings despite no legitimate suspicion of wrongdoing — can’t try to circumvent state law against arbitrary civil forfeiture (stealing) via a loophole called “federal equitable sharing.”

Even when states reform their laws to prevent police from robbing innocent people, the “equitable sharing” program often “lets them give the forfeiture to a federal agency in exchange for a kickback,” IJ reports.

Gangsterish.

The victim in the present case was Stephen Lara. In February 2021, officers pulled Lara over, detained him for more than an hour, then confiscated the $86,900 in life savings that he happened to have with him, cash that he had saved to buy a house. (He didn’t trust banks.) The Patrol never accused him of any crime. But they tried to keep his money.

With the help of Institute for Justice, Lara got it back — six months later, soon after his case received major publicity. But he and IJ continued to pursue the case, hoping to obtain a ruling that the state constitution prohibits anyone from using the federal program to evade state law.

They have now obtained such a ruling.

If it is allowed to stand, the nightmare of civil forfeiture is over for innocent Nevadans. But the state may appeal. Then it’s up to the Nevada Supreme Court to affirm the obvious.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment folly free trade & free markets local leaders nannyism national politics & policies too much government

Messed Up State

Marijuana, sand, Nevada, crisis, emergency

After lamenting Illinois’s fiscal decline into America’s “most messed up” state yesterday, lo and behold, today we find the State of Nevada messed up, too.

On marijuana.*

Question 2, passed by voters last November, legalized recreational use of what we used to call “weed” by those 21 years of age and older. The measure also stipulated that — for the first 18 months only — alcohol distributers are solely permitted to carry marijuana from wholesalers to the new retail dispensaries.

Why provide a monopoly to alcohol distributors? 

“[T]he state’s powerful alcohol lobby worried that legalized weed would cut into liquor store sales,” explained the Los Angeles Times. Proponents added that provision as “a concession.”

But still not a single alcohol distributor has been approved to distribute marijuana. 

So, with pot now flying off the shelves of Nevada’s 47 marijuana dispensaries, there is no lawful way to replenish those shelves. Nevada’s DOT (which requested from the governor an official declaration of a state of emergency) warns: “this nascent industry could grind to a halt.”

That’s not just a bummer for pot smokers; it has the governor and the DOT in a state, too. “A 10% tax on sales of recreational pot — along with a 15% tax on growers — is expected to generate tens of millions of dollars a year for schools and the state’s general fund reserves,” notes the Times.

Legalize marijuana, sure. And realize that the politics of it can be more toxic than the drug itself.

This is Common Sense. I’m Paul Jacob.

 

*Is that why the slogan “A World Within, A State Apart” is now featured on the state’s website?

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Accountability government transparency moral hazard responsibility

Opaque Pension System

government, pension, transparency, Nevada, illustration

Requiring government transparency is as necessary in those areas where governments can grant special favors as in those where governments can inflict direct harm.

That is, it’s as important regarding government worker pensions as it is of the abuse of police power.

In Nevada, the legal requirement for the state’s Public Employee Retirement System (PERS), to disclose who gets what in pension payments was recently thwarted by PERS itself.

“By replacing names with ‘non-​disclosable’ social security numbers in its actuarial record-​keeping documents, PERS has attempted to circumvent the 2013 ruling of the Nevada Supreme Court requiring disclosure,” explained Joseph Becker of the Nevada Policy Research Institute.

I’m quoting from NPRI’s July 6 press release. Most such publicity isn’t all that interesting, but this one catching government agencies deliberately working against their duties sparks a certain … interest. Wouldn’t you say?

Simply by altering how it keeps records, PERS officials hoped to stifle public … “spying.” It’s reasonable to prevent government from giving out public servants’ Social Security numbers, so PERS switched to listing information under those numbers, in so doing “violating both the letter and spirit of the Nevada Public Records Act,” explains Becker.

And thus undermining democracy — republican governance — itself.

This public disclosure wouldn’t be an issue if the pension system were run privately, based on defined contribution funding. But that’s not how governments do things.

We must hold government’s proverbial feet to the fire — of public information — to make sure government employees and taxpayers are both treated fairly.

This is Common Sense. I’m Paul Jacob.

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Accountability Common Sense folly general freedom government transparency initiative, referendum, and recall tax policy

Republican-​Required Referendum

Politicians in a jar

Last November, Nevada Republicans scored a “stunning” political sweep. The party’s incumbent governor rolled up a 40-​point win, while the GOP gained majorities in both the Assembly and Senate — the first time Republicans have controlled all three since before the Great Depression.

At the same time, voters crushed a ballot measure to create a 2‑percent gross receipts tax on businesses taking in over $1 million, by a whopping 78 – 22 percent. Gov. Brian Sandoval ® and GOP legislators opposed the tax.

My tax-​fighting friend Chuck Muth, president of Citizen Outreach, must be happy as a clam, living the easy life.

No?

Mere months after that vote, the solidly Republican state legislature passed — you guessed it — a gross receipts tax. And with it, for good measure, all stuffed into Senate Bill 483, the Republican majority also made permanent a whole slew of taxes passed as temporary measures back in 2009.

The total tax increase — ahem, to celebrate the Republican trouncing of Democrats — turned out to be the largest in Nevada history: $1.1 billion.

I wish this story of betrayal were shocking, not par for the course. But as we all know, the lack of surprise signals the depth of the problem.

Thankfully, Silver State citizens have what Ralph Nader calls the “ace in the hole”: statewide initiative and referendum.

Two referendum measures have been filed. One would repeal the gross receipts tax. The other, filed by Muth’s “We Decide Coalition,” places the entire billion-​dollar-​plus tax hike onto the ballot.

“It’s time for these elected elites to stop using Nevadans as ATM machines,” Muth recently wrote.

Yes, time for Nevadans to crank up the machinery of democracy … starting with 55,000 signatures on petitions for each measure.

This is Common Sense. I’m Paul Jacob.

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national politics & policies property rights too much government

The Tiny State of Nevada

Nevada isn’t really that big of a state. Oh, sure, it appears large on the map.

But 81 percent of that land mass isn’t Nevada. It’s federal government property, run by various branches of the nation’s central government in Washington, D.C.

Much of the controversy surrounding the Cliven Bundy ranch, and the rustled cattle, and the standoff with the federales, has to do with federal government land.

From my reading of the Bundy family ranch affair, it appears that the legal question is not one of taxes, but of usage fees; not of endangered tortoises, but cattle. But mostly about land. My sympathies are with the Bundies. They seem to have a very old adverse possession case against the government.

I wasn’t surprised to learn that federal judges didn’t look very kindly to the Bundies’ customary rights. Federal judges prefer legislated law to common law. We’re a long way from our roots, folks.

But the issue lurking behind all other issues is the over-​dominance of the federal government in twelve western states. Five of them have over half of their land titled to and run by the federal government: Oregon, Idaho, Alaska, Utah and Nevada. This imbalance gives just too much power and purview to federal agencies, who are then tempted to run roughshod over locals. That is, state citizens.

Cliven Bundy may be dead wrong legally, but politically, he has a point.

The federal government should privatize all or most of its grazing lands and desert lands. Its forest lands should at least be “state-​ized” — given back to the states.

This is a federal republic, right? Not an empire?

The states are not supposed to be mere conquered provinces.

This is Common Sense. I’m Paul Jacob.

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free trade & free markets national politics & policies porkbarrel politics too much government

Water’s Value — in a Desert

It’s a dam shame.

There are plenty of private sector dams in the U.S., but the biggest are federal government projects, like those on the Columbia and Colorado rivers. These government-​run outfits aren’t “free,” though. Indeed, they often prove to be good examples of typical government operations, providing special favors to some people at the expense of others.

Take the Hoover Dam, cherished as the nation’s highest symbol by MSNBC’s Rachel Maddow. The dam supplies water and electricity to Las Vegas, Nevada — at cut rate prices. A typical family in Las Vegas pays half for water what the same family would pay in Atlanta, Georgia, despite the fact that Atlanta gets 13 times more precipitation. These cheap rates have predictable consequences — overuse, for one. Which then leads local water authorities to foist on consumers some heavily intrusive conservation rules.

Andrew Wilson, in a report for the Property & Environment Research Center, writes that “A market-​ready solution for Las Vegas water,” though not often talked about, would have far fewer negative consequences. And it’s not a difficult idea as such: “discard the historic cost-​based pricing model and move instead to a pricing system that recognizes the scarcity value of water.”

Raising the prices for water and electricity to Las Vegas (and, for that matter, electricity to favored Bonneville Power Administration customers in the Pacific Northwest — along with many other federal government “business” products) would not only help forestall shortages and draconian lawmaking, it would be equitable. There’s no reason for the rest of the country to be, in effect, subsidizing Sin City.

Or any other city.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture initiative, referendum, and recall

Keeping Up with the Arabs

It’s open season on Middle East dictators — but I’m a little jealous. Greater freedom and democracy may be coming to Tunisia and Egypt and Bahrain, but what about us?

The last two decades Americans have asserted themselves, changing control of Congress several times as well as passing term limits and other reforms directly through numerous statewide citizen initiatives.

Have our elected representatives responded by facilitating such democratic participation? Not on your life!

This year, many state legislators came into session hell-​bent on blocking the citizen check of initiative and referendum. 

In Colorado, legislators have proposed a constitutional amendment making it harder to place initiatives on the ballot. It would also mandate a 60 percent supermajority vote to pass a constitutional amendment, allowing deep pocket special interests the power to defeat reforms popular enough to win 59.9 percent of the vote.

Last November, Oklahoma voters passed a constitutional amendment to make it a little easier for citizens to petition an issue onto the ballot. Now, just months later, state senators narrowly passed an amendment that would make the same process much more difficult.

Currently, Nevada citizens must gather signatures in each of the state’s three congressional districts to qualify a statewide ballot issue. Legislation is pending to increase this requirement from three petition drives to 42 separate petition drives — one for each of the 42 state legislative districts.

Thus our “representatives” seek to stop the people from representing themselves.

This is Common sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall too much government

The People Speak

Mainstream media often become so fixed on the major players in Washington, DC, that journalists miss the most telling democratic action: At state and local levels, regarding initiatives.

Nicely, there are exceptions. An editorial, last week, in The Washington Times was subtitled “Ballot initiatives advance a limited government agenda in the heartland,” and explained how “voters showed their displeasure with the country’s direction with their votes” … on particular ballot measures.

The editorial lists numerous important initiatives around the country: 

  • Oklahoma’s and Arizona’s nullification of Obamacare provisions (and Colorado’s failure to do so);
  • Nevada citizens killing “a sneaky amendment designed to undermine protections from eminent-​domain seizures for private gain”;
  • Several states blocking our president’s union-​vote rule revisions, known as card-check;
  • Louisiana “stopped public officials from voting themselves a salary boost until after they stand for re-election”;
  • Washington citizens overturned sales taxes on foodstuffs that left-​leaning folk regard as sinful, such as soda pop and candy and the like.

Washington State sported an even weightier initiative, one famously sponsored by Bill Gates’s dad. TV ads featured Bill Sr. getting dunked. It wasn’t a baptism. He was pitching for a “soak the rich” income tax in the state. The ad didn’t make a great deal of sense, and Evergreen State voters nixed the income tax once again. 

The Times editorial ends advising Democrats that they need “to listen to what the public has to say.” But, obviously, Republicans need to listen, too.

This is Common Sense. I’m Paul Jacob.

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Common Sense insider corruption political challengers

Vote Absurdly If You Wish

Today is Election Day, with primaries or runoffs in 12 states. Let’s hope at least a few incumbents fall, from both parties.

Most Americans would cheer that. But we’ll then hear TV talking heads and pundits in the press tell us how crazily we’ve voted.

In 1994, ABC News anchorman Peter Jennings condescendingly reported that “The voters had a temper tantrum last week.… Parenting and governing don’t have to be dirty words: the nation can’t be run by an angry two-year-old.”

Were our choice so limited, I’d say give the two-​year olds a shot.

Jennings’s snooty attitude has been echoed again and again this year. Mike Allen, Politico’s chief political writer, said after Utah’s Senator Bennett flamed out in a GOP convention, “There was no reason for his state to turn on him. Nobody delivers for Utah the way he does.”

Allen went on to rant about Senate Majority Leader Harry Reid’s unpopularity in his home state: “Voters are not thinking … the idea of Nevada kicking out Harry Reid is absurd! He’s the #1 senator: #1 out of 100. Nobody delivers for Nevada like Harry Reid.”

Apparently, Mr. Allen knows best. Utah and Nevada voters? Fools, the lot of them — for not liking all the presents their big-​shot politicians delivered for them.

Common sense, on the other hand, has it that anyone who votes to please the Washington press corps is truly crazy.

This is Common Sense. I’m Paul Jacob.

Categories
term limits

Carson City Cakewalk?

It’s a heady time in Nevada. Next year’s election will be the first in which sitting legislators will be ousted under the state’s legislative term limits.

Politicians have begun to think hard about this. Quite a few lower-​house reps have set their sights on the state Senate. Well, by “quite a few” I mean “nearly a dozen,” which is how David McGrath Schwartz of the Las Vegas Sun puts it. He also reports that “at least one senator forced out by term limits is seriously considering running for a seat in the Assembly.”

Is this news? Well, it was printed in a newspaper. But it’s hardly earth-shattering.

Yet, in that paper, it was made to seem earth-​shattering. Schwartz led with this: “Nevada voters who passed term limits in the 1990s might have imagined it would bring a clean sweep of veteran politicians from office. What they’re likely to get will instead look more like musical chairs.”

Really? Musical chairs?

As analogies for elections in term-​limited legislatures go, this falls a bit short. It implies that nearly all legislators will scramble for nearby seats. So far we have less than 13 out of 63.

And it forgets the voters. Who decide. When politicians “hear the music,” the music is played by voters. 

Oh, and by the way: Switching chairs — competing for a new position — is one of the reasons for term limits.

This is Common Sense. I’m Paul Jacob.