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Randi Thompson

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Randi Thompson
Nevada NewsMakers Political Analyst
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Are Regulations Really Killing Jobs?

Published: 11/30/2011 12:23:18 PM

Diane Stacey’s OSHA manual now weighs nine pounds.
 
Now if you’re in the construction business, you’re probably laughing, as you probably can’t even pick up your OSHA manual without straining your back.
 
But Diane Stacey is a dentist. Not exactly a business prone to work-place safety issues. She and her seven employees all have to take OSHA classes, comply with bio terrorism regulations, and individually sterilize all the dental equipment, at a cost of $5 -$10 per patient – a cost insurance refuses to cover. Stacey pays a consultant $3600 a year to ensure she is current with OSHA rules and regulations. Stacey notes that 200 dental offices have closed in Las Vegas the past 3 years...and the cause can't be just the economy.   So she’ll say that yes, over regulations are killing jobs.
 
Buddy Bird owns Bird Construction in Las Vegas. He had a staff of 100 in 2007, but is down to 20 primarily because of the economy. But he’ll tell you that some of the 40 new Mine Safety and Health Administration (MSHA) actions proposed just this year, and the requirement that each of his employees be certified by MSHA, at a cost of $1000 each, is a growing issue – and that’s just one Federal agency he has to deal with. The EPA emission standards for diesel trucks have gotten so stringent that he can’t afford to update his equipment, let alone buy new trucks. And if the Tier 4 standards are fully implemented in 2015, the ones requiring that emissions of PM and NOx be further reduced by about 90%, he’ll just close his doors, and 20 people will be out of work. So he’s not looking to hire anyone any time soon with such regulatory costs impacting his bottom line.
 
Ray Pezonella, owner of Pezonella Engineering in Reno, has been in business for 35 years.   He’s down only about 4 employees since the recession, but he won’t be hiring anytime soon as the economy coupled with the threats of increasing regulation makes the future too uncertain.   He’s concerned with the announcement that Nevada OSHA made in October that they will be doubling their fine rate to 50%. He says dealing with the government used to be cooperative, now it’s combative. They’re just looking for a reason to fine you, he says. The cost of regulatory compliance is around $10,000 a year now. So no, Ray won’t be hiring anyone real soon either.
 
These are just three business owners who are willing to speak out against the over reach of the federal and state governments, but they are not alone. A recent Gallup Poll found that new regulations are the most important problem facing small businesses today. It is estimated that small businesses pay 36% more per employee to comply with regulations than their larger counterparts.
 
A major challenge for getting business owners to speak up is the fear of retribution by an agency. So maybe before we go much further we need to enact a whistle blower protection act to ensure that business owners who speak up about onerous regulations don’t see their inspections increase or their fines doubled!
But all the statistics support the claim that over regulation is killing jobs:
 
  • Since 2005, there has been a 60 percent increase in pending federal regulations that are defined as “major” or “economically significant” – costing the economy $100 million or more. 
  • There were 224 “economically significant” rules issued last year, an increase of 22% over 2009.
  • There are 4,257 pending federal regulations, including 845 that affect small business, an 11.5% increase from 2009.
  • The EPA alone has more than 330 new regulations under consideration. They plan to establish regulations on smog, mercury, carbon dioxide, mining waste and vehicle emissions that will affect every corner of the economy.
  • Regulations cost a business of 20 employees about $2400 per worker.
 
That is why the National Federation of Independent Business recently sent a letter to the President recommending that the Administration halt the issuance of new regulations until the following recommendations are incorporated: 1) small businesses have a greater voice in the federal regulatory process, 2) provide assistance to small businesses before assessing penalties, 3) Subjecting every major regulation to a rigorous benefit-cost analysis, 4) regulations should be based on objective data and hard science, and 5) The regulatory process should require more transparency and accountability.
 
But it’s not just federal regulations that are impacting jobs.   That is why one of the first actions Governor Sandoval took was to ask all state agencies to review their existing regulations to determine which ones could be eliminated. He also put a halt to implementing any new regulations until after the review. The new Economic Development director for Nevada, Steve Hill, is asking the business community to tell him specifically what regulations should be changed that will help create jobs.  
 
It’s quite obvious that regulations are killing jobs and preventing business from growing. But we need to show government just how.   That is why a national coalition (www.SensibleRegulations.org) has been formed to give businesses a way to show how regulations are impacting their business and why we need to change the way we create regulations.   We know we need regulations, but it’s time to make business a partner in protecting workers and the environment, and stop treating them as the enemy. 

Additional Voices Offer Support for Radio

Published: 10/19/2011 1:44:00 PM

I previously blogged about “Protecting Radio’s Ability to Protect Us.”  In short, local radio stations are instrumental partners in keeping people safe.  Their ability to continue to provide top-notch emergency broadcasting and disaster relief services is threatened by a longtime item on the recording industry’s agenda.  The item I’m referring to could close small local radio stations – the performance royalty tax.

My arguments in support of radio and in opposition to a performance royalty tax were echoed in this recent op-ed in the Reno Gazette-Journal.  Entitled “Local Radio is Essential to Public Safety,” the op-ed was co-authored by State Senator Mike McGinness and the Nevada Sheriffs’ and Chiefs’ Association.  Here’s an excerpt:

Radio stations go above and beyond to make sure listeners can get the information they need in a timely manner. This includes coordination with local public safety officials and other local radio stations. It also includes working extra hours to make sure listeners' needs for information are met.

It should be noted that this dedication doesn't end when public safety is no longer threatened. Instead, radio stations donate time, equipment and other resources to support many causes in communities in Nevada and across the United States, not because they have to but because they are a part of the fabric of our local communities. …

A resolution in opposition to the imposition of any new performance tax on radio stations was introduced in both the U.S. House and Senate in February. It has bipartisan support -- including the support of U.S. Reps. Mark Amodei, R-Carson City; Shelley Berkley, D-Las Vegas; and Joe Heck, R-Henderson. U.S. Sen. Dean Heller, R-Nev., has expressed support as well.

We firmly believe radio is essential to our public safety and hope [the Local Radio Freedom Act] passes so we can be confident that Nevada's radio stations will be there when we need them.

At a time when Congress is scrounging through the couch cushions looking for money, I fear they may try to add any kind of tax.  This one not only threatens small business, but impacts how we as a community communicate.  

Almost all of Nevada’s Congressional delegation is on the record in support of radio.  As a former spokesperson for the Red Cross in northern Nevada, I know that local radio stations are lifelines during fires, floods, tornados, and numerous other disasters. I hope the remainder of our delegation demonstrates support for radio.


The State Wants Your Unused Gift Certificates

Published: 10/13/2011 3:06:24 PM

An old law means new trouble for small business in Nevada, as the state begins to crack down on small businesses that do not return a portion of their unclaimed gift certificates.

NRS 120A.520 states that for every business in Nevada:  “Sixty percent of the unredeemed or uncharged value remaining on a gift certificate which is issued or sold in this State and which has an expiration date is presumed abandoned and subject to the provisions of this chapter on the expiration date.

One store owner received a letter from State Treasurer Kate Marshall’s office stating they had received a complaint from a consumer who was unable to reclaim a gift certificate that had expired.  The letter stated that every business in Nevada is to report their “abandoned” property annually, which includes items in safe deposit boxes, credit balances, insurance refunds, etc.

In this case the business had expired gift certificates going back to 2005, when she purchased the business.  Since the state had received a complaint, they are allowed to now come into the business and audit their books going back to the start of their business – even before she owned it.   The real concern here is the Treasurer’s staffer said that if the previous owner had unclaimed certificates, the current owner would be liable for those as well, at 100 percent of the value!  (In 2007 the law was changed to require only 60 percent of the value.)  They also told the owner she was subject to an 18 percent interest fine.

To avoid such a fine, you can “turn yourself in.”  But if someone complains, watch out. 

You can read about this law here and how it impacts you.  But in the mean time, I’ll be calling some legislators to discuss how this far reaching statute could very well close some small business, as may be the case in this situation. 
 


Create Jobs by Taking One Step at a Time

Published: 10/10/2011 1:56:36 PM

The challenge with President Obama’s proposed “Jobs Act” is that it has too many moving parts – payroll tax reductions, reducing Social Security taxes paid by workers, changing tax deductions, aid to local governments – that make it too unwieldy to create jobs.  (Though keeping up with the paper work for these new regulations will likely require a new employee!) 

Economic recoveries have three critical components: a broad, low-tax structure; a legal climate that makes it difficult to file frivolous lawsuits; and a stable regulatory environment.  We know that government can’t multi task, so maybe Washington should tackle just one issue first: stopping burdensome regulations.

National Federation of Independent Business CEO Dan Danner, commenting on the president’s jobs proposal wrote that a tidal wave of new regulations is currently bearing down on small business from Washington. “Over 4,000 new regulations are in the pipeline with no sign that the pace of rulemaking will let up, reflecting a 60 percent increase in major federal regulations since 2005,” said Danner.

We need to stop that tidal wave.   

In a recent Wall Street Journal guest editorial, Frank Keating, the president of the American Bankers Association and a former governor of Oklahoma, related a discussion he had with a banker in Nebraska. “For the first time, he said, his bank now devotes more work hours to compliance than to lending. Specifically, he has 1.2 employees on compliance for every one employee focused on lending and bringing in business,” Keating wrote.  “Managing this mountainous regulatory burden is a significant challenge for a bank of any size, but for the median-sized bank—with 37 employees—it’s overwhelming

No wonder there’s little incentive for banks to loan money right now!

The main political influence over the economy comes from Washington, D.C., but states have a significant role.  Gov. Brian Sandoval is to be commended for ordering a freeze on new regulations and asking his cabinet to review all existing regulations by the end of this year.   But is seems a few folks missed that “no new regs” memo.  Ross Miller is attempting to remove the home-based business exemption though regulation, while the Gaming Commission’s has proposed onerous requirements for small taverns like Dotty’s.  Such actions send a strong message to businesses that it’s not safe to start hiring.  Such regulations won’t help create jobs!

If you want to see a stop to these burdensome regulations, please join us at www.SensibleRegulations.org, and tell your story of how regulations are increasing your costs or preventing you from hiring.

As for the other two legs of the economy, policymakers need to remember that low tax rates for every business produces more jobs than targeted tax breaks for pet industries.  And court rooms limited to truly aggrieved parties make it more inviting for out-of-state business to move here.

Economies are born and maintained on Main Street. Government should stop being the wino sleeping in the doorway and preventing commerce.

###

Randi Thompson is Nevada state director for the National Federation of Independent Business.

 


Honor small-business owners and entrepreneurs on holiday

Published: 9/13/2011 12:42:19 PM

Reno Gazette Journal, September 1, 2011

Randi Thompson: Honor small-business owners and entrepreneurs on holiday

A great example of what is wrong with the American economy will take place on Monday in Detroit.

There, the president will make a Labor Day speech to a dwindling number of union workers in a city whose major industries were rescued not by innovation, but by a massive Berlin airlift of taxpayer dollars.

It's time to junk the traditional Labor Day and honor the real labor rolling up its sleeves and pulling the rickety buckboards of our economic wagons -- small-business owners and the self-employed.

Labor Day was established in 1894 to honor the contributions of union workers. But today, labor unions are a distant echo of the numbers they once had. According to the Bureau of Labor Statistics, the number of union members working in the private sector is 6.9 percent. By comparison, 15.3 million individuals were self-employed, including both those who had incorporated their businesses and those who had not. That is 10.9 percent of the workforce.

Add to the 10.9 percent self-employment rate those small-business owners who consider themselves employers, as opposed to self-employed. While difficult to obtain an exact number for this group, it's easy to see that combined, they outnumber unionized workers.

The reality is that the new majority of "laborers" in our county are small-business owners and entrepreneurs who are most likely not taking Monday off!

Our government needs to take actions to support this new labor movement, or this economy will not recover. The formula for a successful and thriving small-business economy is really no mystery and can be summarized in three goals: low taxes, minimal regulations and a legal environment that discourages frivolous lawsuits.

In Carson City earlier this year, the National Federation of Independent Business worked with various coalitions and lawmakers from both parties to:
• Kill bills backed by the construction trade unions that would limit an independent contractors' ability to be self-employed.
• Defeat a construction-defects bill that would have allowed more frivolous lawsuits and killed even more construction jobs.
• Protect home-based businesses from higher fees and potential fines.

Much more needs to be done to help small-business owners who will guide us out of this economic storm. But they can't create jobs when we have labor unions and state officials resurrecting regulations and ballot questions that are the same job-killing bills that were defeated in the Legislature earlier this year!

Secretary of State Ross Miller is now trying to use regulations to remove the home-based business fee exemption. Unions are working on a ballot question to increase taxes and still are pushing for limitations on independent contractors through the Nevada labor commissioner's office.

All of these moves will do only one thing: kill jobs -- and primarily nonunion jobs.
This Labor Day, we need to celebrate the real laborers doing the heavy lifting in America and Nevada: small-business owners, their employees and the self-employed.


Randi Thompson is Nevada state director for the National Federation of Independent Business
 


Regulations Coalition

Published: 8/15/2011 4:24:07 PM

As Nevada’s State Director of the National Federation of Independent Business (NFIB), I hear from many business owners how regulations impact their business that increase costs to their customers.  

Small businesses today face increasing compliance costs as more and more federal regulations are handed down from Washington, as well as Carson City.
 
The Small Business Administration’s Office of Advocacy recently noted that compliance with environmental regulations, for example, costs 364 percent more in small firms than in large firms.  The Environmental Protection Agency (EPA) has over 331 environmental regulations currently under consideration.

For example, two separate rules, one affecting pre-1978 housing (finalized in 2008) and one affecting public and commercial buildings (tentatively expected to be proposed this December), are having an impact on small contractors and construction companies. The 2008 rule required small businesses to pay for expensive certification and training, and to conduct costly testing that drove up the price of projects, even when there were no potential risks. Even worse, the EPA’s inability to adequately enforce the rule has decreased the likelihood that a compliant small business can compete for work since non-certified firms – by doing the work illegally – can charge lower prices.

Then there was the “spilled milk” regulation.  Despite the fact that FDA regulates milk tanks, containers and pipes on dairy farms, the EPA was going to expand the definition of “nonpetroleum” oil in a regulation to protect waterways and shorelines from oil spills. The definition would have included milk because of small amounts of butterfat in milk, and animal as well as vegetable fats are subject to the agency’s spill rules.  So if milk spilled from a truck, it was subject to the same regulatory treatment as toxic oil.   The proposed regulation created such an outrage that cooler minds prevailed.  Milk is not considered a “nonpetroleum” oil – at least for now.

So what can you do to help stop burdensome regulations? 

You can join the new program that NFIB is launching to raise awareness of how federal regulations are adversely impacting small business.

There is no cost to join or participate.  Just go to www.sensibleregulations.org.

“Small Businesses for Sensible Regulations” is dedicated to ensuring that regulations handed down by this administration do not irresponsibly hamper the nation’s economic recovery. This broad coalition of small businesses, local officials, manufacturers, farmers, and other associations seeks to give voice to the countless Americans whose jobs and livelihood will be negatively impacted by a mountain of new costly regulations.
You can learn more at www.sensibleregulations.org and join us today. 

Next blog I’ll talk about some of the State regulations that are hurting small business!
 


Protecting Radio's Ability to Protect Us

Published: 6/10/2011 3:44:02 PM

Radio is one our key resources for local information, especially in times of emergency when the power goes out and you depend on a battery-operated radio for news.   Local stations strive to make sure listeners get the information they need in a timely manner, along with providing entertainment.   However, with the proliferation of satellite and internet radio, we are seeing fewer and fewer local stations that cater to our communities.  With these changes we are losing avenues to not only stay informed on local events, but losing an important medium for companies to reach customers through advertising.

Along with the increase in competition to radio, there is increasing competition in the recording industry, specifically music downloads.  A couple of years ago, the recording industry went to Congress saying their profits were dropping off because CD sales were in sharp decline.  Their solution, which many lawmakers embraced, was to levy a performance royalty tax on local radio stations.

As the sister of a professional singer, I see both sides of this issue, but to “tax” radio stations to make up for changes in the market place is just wrong.

The performance royalty fee that the recording industry is now pushing, and could be considered by Congress, would be in addition to the royalty fees that stations already pay to the songwriters and music companies.   If the recording industry succeeds, this would place heavy financial burden on our local stations that could cost jobs, force stations to change to nationally-syndicated formats, or even close their doors.

Local radio stations are directly responsible for some $2 billion in music sales annually.  Radio airplay is like gold to record labels and performance artists.  Radio airplay can stimulate the popularity (read sales) of a song; it can make or break an artist’s career.  So it seems a bit ironic that the recording industry would go after the people that really make them money.

According to the Free Radio Alliance, Nevada is home to about 100 radio stations.  These radio stations collectively have over 1,000 employees and made over $45 million in charitable contributions.  At times of disasters, these stations have helped raise over $2.3 million for disaster relief.  

Along with keeping us informed about pending natural disasters or actions we should take in the case of emergencies, the car radio plays a critical role in keeping us current on traffic snarls, road closures or hazardous situations.  

Radio is essential to our public safety and our community.   I hope Congress will stop this tax on radio stations so that Nevada will have local radio stations when we need them.


Not Dead Yet! The Continuing Saga of a Project that Just wont Die

Published: 5/24/2011 1:35:32 PM

For about five years now I’ve heard Senator Harry Reid and our entire DC delegation tell us that “Yucca is dead.”

It reminds me of that rather humorous scene in Monty Python’s “Holy Grail” where a younger man is asking the undertaker to take away his father.  The undertaker tells the young man that he can’t take the man if he’s alive.   The son replies that “he’s nearly dead… well, he’ll be dead soon!”  All while the old man keeps saying, “I’m not dead yet… I’m getting better!”

In the Yucca scenario, the young man is Harry Reid, trying to convince Nevadans and Congress that Yucca is dead – really, really dead -- or will be soon!  

In truth, I want it to be dead, Burying spent fuel is a stupid idea.  Congress must kill the repository idea so that out of its ashes can come a project that will greatly benefit Nevada…but more on that later.
 
Back to reality:  Yucca is not dead. Few in Congress plan to kill the project.  If anything, they are determined to see it restored.  In the past month:

                Members of the House Energy and Commerce Committee criticized the Nuclear Regulatory
                Commission (NRC) for intentionally stalling on a decision of whether to halt the licensing 
                process or not.   The House Oversight committee is starting an investigation of the NRC as
                well.  
               
                Several members of the House Energy Committee toured Yucca Mt., despite strong opposition
                from Democrat House leaders and even the DOE, who refused to let them inside the facility 
                beyond about 100 feet.  

                The Government Accountability Office, the investigative arm of Congress, released a report
                criticizing the Obama Administration’s pledge to “kill” Yucca, saying the action was for political 
                and policy reasons, not technical or safety reasons, and said that scrapping the program would 
                increase waste storage costs at Hanford (WA) by as much as $918 million, and millions more
                at other sites. 

None of the recent developments are particularly surprising, as all in Congress recognize that President Obama agreed to kill Yucca as a favor to Reid.  But after Japan, and the reality that 34 states are home to millions of spent fuel rods, like those that burned in Japan, the political heat is getting hotter to deal with this issue.

The administration is rejecting Congressional pressure and the GAO's findings, but DOE Secretary Chu hasn't offered a credible alternative to why he shut down the project.  He said his "judgment is not that Yucca Mountain is unsafe or that there are flaws in the license application, but rather that it is not a workable option and that alternatives will better serve the public interest.”  Quite a vague statement for a Nobel Laureate in science! The same one, by the way, who endorsed Yucca as the nation’s repository when he headed the UC Berkley Lawrence Laboratory!

Along with increasing storage costs caused by the delay in opening Yucca, the idea to abandon the repository and build another would be impossible.   With about $15 billion spent on developing and building Yucca, it’s doubtful the utilities' waste fund would have enough money left to site and open another repository.   That is why a new report by the DOE says that the “new” approach to long term storage is to build one or more above ground storage facilities made of enough concrete and steel to resist a potential terrorist attack and to store the spent fuel safely for decades.  But many view this suggestion as one only worthy of the trash can.

Lawmakers on both sides of the aisle want a better explanation for the DOE and the NRC are refusing to finish the licensing process.  Ironically, leading the charge to kill Yucca is the man who leads the office in charge of reviewing the license – none other than former Reid staffer Gregory Jaczko – Chair of the NRC.  You don’t have to go too far to connect those dots! Jaczko claims there has been no final vote on the issue, but three other NRC commissioners testified that they have cast their final vote, while others have sent letters to Congress detailing the political shenanigans.

There are other reasons this process stinks, including the hasty way DOE dismantled its Yucca Mountain operation -- killing over 1500 Nevada jobs -- despite pending lawsuits challenging the decision and the absence of a ruling from the NRC.  Several DOE officials have said they had never seen such a large program with so much pressure to close down so quickly.

Then comes the disaster in Japan, illustrating the dangers of indefinitely storing spent fuel rods in reactor cooling ponds.  That is why the GAO recommended that Congress consider whether "an independent organization, outside of DOE, could be more effective in siting and developing a permanent repository for the nation's nuclear waste."  That is essentially what the Nevadans 4 Carbon Free Energy are proposing -- a nonprofit organization that would operate not only the temporary storage facility, but also a research complex to study reprocessing of spent fuel that would build demonstration projects of the most economically and efficient technologies. 

Many in Congress realize that as long as Harry Reid is Majority Leader, the chance of opening Yucca is slim, but many are starting to realize that it should die.   Burying spent fuel is a stupid idea!
Current stock piles of spent fuel still contain enough power to generate 5 trillion KW of power!  That is why the House introduced legislation in May that would accelerate investment in new nuclear power plants and also establish a fund to “assist in reprocessing and recycling” used nuclear fuel. 

It’s time to increase research and development into reprocessing that will bring about commercially viable recycling technologies.  Such research will likely lead to a process that will allow spent fuel to be treated not as a “waste” product, but as one that can generate power for decades to come.   There are emerging technologies that could possibly eliminate any waste after recycling.  Such research can mean patents (and big money) for the Universities that develop the process – research that UNLV and Nevada are already doing.  New technology means new facilities for reprocessing the fuel, and possibly a new power plant to burn the fuel to generate power.  This would translate into construction, manufacturing and operational jobs; it will mean new export industries; and it could make Nevada a net exporter of power.    And where better to host this research facility then at home of nuclear research – the Nevada Test Site and the tunnels at Yucca Mt.!

It is time for Yucca to die – at least as a long term repository.  It’s an old outdated idea.  We need to update the law to focus on reprocessing and recycling spent nuclear fuel to generate power.  Such a project could enrich our state’s economy while resolving a national problem.  Now if we could just get our politicians to think about this!


Self Employment under Assault

Published: 4/1/2011 12:11:39 PM

In a choreographed but chaotic hearing, the Senate Commerce, Labor and Energy Committee listened to five bills in March week that would essentially make it illegal to be self employed.

The choreography came from the construction trade unions who packed the hearing this week with over 100 “workers” to show the committee how they strongly support the bills that Senator Breeden (D-LV) wrote as chair of the Misclassification committee.  The intent of the bills is to go after businesses that hire workers under the table, call them independent contractors, and then underbid on projects because they don’t have to pay workman’s comp or payroll tax.  This is plain wrong and needs to be stopped. But we have laws on the books now that makes this practice illegal.  

The chaos came when Ms. Breeden chose to hear the bills separately, instead of all at once, as they really were a package. All the witnesses were prepared to discuss them as a package, but instead people had to come up to the table four times to discuss essentially the same topic again and again.  This ridiculous mismanagement led to over 4 hours of hearings, with a recess in between. So the hearing that started at 1:30pm, finished at 9 pm.  Ms. Breeden’s inability to run a hearing was matched only by her inability to grasp the impact these bills would have on law-abiding Nevadans.

Over a dozen business lobbyists, including me, told the committee that these bills were not only contradictory to each other, had drafting errors and violated federal law, but they would essentially outlaw all Independent Contractors. But our voices fell on deaf ears, as the four democrats voted along union lines to support three of the five bills.  The remaining two will be heard again, and we’ll be there to fight, again.  

The five bills the committee came up with don’t go after just that underground economy; they go after consultants, hair stylists, computer techs, software engineers, package deliverers, taxi cab driver, even emergency room physicians.  I guess the unions don’t feel they can tackle this issue unless they ban all Independent Contractors.  These bills are not only an assault on those who chose to be self employed, it’s an assault on the American way of life!

People often chose to be an “independent contractor” so they can retain more flexibility and control over their time.  But now there are legislative and legal proceedings being considered in Nevada that threaten their businesses and lifestyles. In a time of tenuous economic recovery, we should be encouraging people to take this work option if it is right for them -- not dictate against it.

Independent contractors are virtually everywhere. There are more than 10 million of them across the United States - more than 7% of the total workforce. They are essential to our economy, accounting for $473 billion in personal income, or one in every $10 earned.  More and more women are finding the independent contractor model one that works for them and their families. In 2005 female independent contractors comprised 35.3 percent of all independent contractors in the United States. 

Just as importantly, many of them are expanding their independent contractor status into small businesses that create jobs for others. According to the U.S. Department of Commerce, small companies -- many of them arising out of independent contracting beginnings -- create three out of every four new jobs. They are the key to job growth and economic recovery.

Yet despite their crucial role in our economy, Ms Breeden and Senator Schneider who chairs the “Commerce vs. Labor” Committee want to make it illegal for independent contractors to grow and prosper. There’s no question that companies and independent contractors should obey all laws and pay taxes as required. But broad-scale attempts to reclassify independent contractors and turn them into rank-and-file company employees is harmful to those who play by the rules and can stifle their innovation.

Independent Contractors like the flexibility and autonomy that comes with this line of work.  They can take care of sick family members, kids or older parents.  They can ski on a fresh powder morning.  They can be their own boss.

Our legislature risks driving out innovation, job creation, work-life flexibility and entrepreneurship at a time of 15% unemployment!  Legislators should not impose rules that limit a company’s ability to use independent contractors. It makes no sense to add another layer of bureaucracy to regulate job classifications if the result makes life more difficult for businesses and independent contractors to thrive.

Our entrepreneurial freedom makes our economy the envy of the world. The hard-working people of Nevada should be free to pursue the way they want to work and how they want to work, and I will continue to fight for that right.
 


Nevadas Continue Failed Attempt at Diversification

Published: 3/23/2011 11:33:47 AM

Recently NPRI did a five part series on the state’s unsuccessful history to diversify our economy.  It espouses several reasons why the state legislature has continually opposed any attempts to diversify the state’s economy and tax base, stating that legislators have partnered with the special interests that raise the barriers to diversity – primarily big gaming and government employee unions.

The first four parts of this series detailed the prolonged efforts, over many years, by the Nevada Resort Association (NRA) - big gaming - to discourage new, non-gaming businesses from entering the state. NPRI claims that a significant diversification of Nevada businesses beyond gaming would diminish the industry's relative political power and thus endanger the de facto control the industry often exercises over state legislation. 

The NRA has claimed for decades that growth doesn't pay for itself and that non-gaming businesses don't pay their "fair share."  Both assertions have fatal weaknesses but, as the gamers had expected, they were music to the ears of Nevada's power-seeking politicians. The politicians loved the conclusion the premises led to: Taxes should be raised on non-gaming businesses. You hear this call to raise taxes now from politicians supported by gaming, and from government-union lobbyists.

The NRA’s assertions are based on a NRA-commissioned study titled "The Fiscal Impact of Population Growth in Nevada," which featured the repeated complaint — still made on the NRA website today — that taxes paid by the gaming industry are not proportionate to its number of employees. (NPRI president Ransom Webster has long stated that the taxes gaming pays does not cover the societal “ills” that gaming creates, but that is a much bigger debate that I won’t tackle here.)

Another perspective of the “down side” of diversification is made by UNR Economics professor Tom Cargill.  He points out that one of the problems with the casino industry is that the workers don't really learn transferable skills, so they can’t easily go to a non-gaming environment.  With a more diversified economy comes a more educated and trained labor force that can demand higher wages. Thus, Cargill surmises, casino owners viewed that diversification would increase costs along with weakening their political position.

NPRI points out that in the 1980’s, the NRA began to sponsor many tax proposal and policies that helped discourage the entrance of other industries into Nevada.  In 1987 gaming urged the hiring of consultants and the creation of a commission to advise lawmakers on how to change the state's tax structure and levy new taxes on non-gaming business. The study and subsequent commission argued that people moving to Nevada were not paying their "fair share" of taxes and that, therefore, Nevada needed to increase its take from state taxpayers. Kenny Guinn was appointed commission chairman in 1988 and lobbied vigorously throughout the state in 1990 and 91 for higher taxes on non-gaming businesses.  (As Governor in 2003 he fought for a gross receipts tax, the tax most favored by gaming.)  In 1988 gaming launched a ballot initiative – that is now part of the constitution - that banned an income tax on individuals but explicitly allowed income taxes on businesses.   All of these actions, NPRI claims, is evidence that “big gaming” has consistently fought economic diversification and a broadening of the tax base.  

Unfortunately, similar patterns exist for almost every large Nevada employer — whether public or private.
Nevada's 20 largest employers have actively used the political process to impede diversification of the state's economy.  The Clark County School District, with over 30,000 employees, is by far the largest employer in Nevada. Second-largest, with more than 8,500 employees, is the Washoe County School District. UNLV is the 12th-largest employer, with over 4,500 employees, and UNR is 16tth with over 3,500 employees. For decades, the districts and universities have deployed their ample political resources to maintain and, at every opportunity, expand their control of public education spending, while continually calling for tax increases on non-gaming business.

By now the legislative session routine is familiar: Everyone with any stake in the current distribution of tax dollars enters the political fray -- from teachers to labor unions that build schools. The clout the districts and universities have translates into political power that has been able to stop any needed reforms to education and economic diversification.

To no one's surprise, private-sector unions, on the policy front, have used their political leverage to pursue goals that will give them an advantage in the short run, no matter the larger harm to the state. Prominent examples include:

-- The 2006 minimum-wage constitutional amendment
-- The gross-receipts tax that unions and gaming supported in 2003
-- The county-level labor agreements that now make Nevada local-government employees some of the highest-paid in the U.S.

The fact that the legislature has ignored numerous tax “diversification” studies over the past two decades, and that, as a state, we have made little effort to diversify our economic base, seems to support NPRI’s claim that state lawmakers have been complicit in special-interest schemes to evade competition. They bear primary responsibility for the lack of economic diversification in Nevada. 
 


Business Not Bullish on the Economy

Published: 3/3/2011 11:10:26 AM

With all the talk in Washington and Carson City about the importance of small business and how it will spur our economy and lead us out of the recession, you'd think small business owners would be feeling "the love" and be more optimistic about the future. They should be encouraged by the legislative proposals designed to help get them loans, lower their unemployment insurance rates, or provide incentives to hire more workers... but they aren't.

According to the National Federation of Independent Business Index of Small Business Optimism, there was only a slight increase of 1.5 points in January on their "optimistic" scale. The modest increase was felt primary by the manufacturing and exporting sectors - industries and activities that are not labor intensive. Meanwhile construction, an industry historically dominated by small firms, remains depressed.

Over 2100 small business owners in the nation responded to a survey on their "optimism" about their future, grading such items as employment, sales and inventories, capital spending and outlook, inflation (pricing), earnings, and credit.

The score for employment reached "zero" in October and November, turned negative in December and deteriorated further in January. The average employment change per firm over the past three months was -0.15 employees. Over the next three months, 12% of the companies surveyed plan to increase employment (up 2 points), and 8% plan to reduce their workforce (down 1 point), yielding just 3% of owners planning to create new jobs - a 3 point loss from December.

The frequency of reported capital outlays over the past six months rose 4 points to 51% of all firms; while an increase, this is historically low and far less than needed after years of recession and depreciation. The percent of owners planning capital outlays in the future rose 1 point to 22%, but is still historically quite low.

Sales over the past three months improved by 5 points for a net negative 11%, 23 points better than March 2009 (near the recession bottom) but still indicative of weak customer activity. Overall, sales trends do not appear supportive of a widespread recovery in the small business sector. While 33% of businesses expect improvement over the next three months (up 7 points), 26% expect declines (down 10 points), both of which are solid gains. While the outlook is still tentative, it appears that the inventory reduction cycle is about over.

The downward pressure on prices appears to be easing as more firms are raising prices and fewer are cutting them. January is the 26th consecutive month in which more owners reported cutting average selling prices than raising them. However, the trend is clearly supportive of higher prices in future months. Plans to raise prices rose 4 points to 19% of owners, the highest reading in 27 months.

Positive earnings trends improved in January - to a negative 28%! While an improvement, there are still far more owners who report that earnings are deteriorating quarter on quarter, and not rising. Of the owners reporting higher earnings, 60% cited stronger sales as the cause and 7% credited higher selling prices. For those reporting lower earnings, 50% cited weaker sales.

Access to credit has been the biggest challenge for small business these past years, but only 3% reported financing as their top business problem, down 2 points from December. But part of that may be because 52% of business owners did not even attempt to borrow in 2010, as they think credit is more difficult to obtain today than a year ago.

So what are the main reasons for the lack of optimism among small business owners? Weak sales was the top problem for 27% of the respondents, followed by 19% citing taxes and 17% saying government regulations and red tape were their main problems. The historically high percent of owners who cite weak sales means that, for many owners, investments in new equipment or new workers are not likely to "pay back." This is a major cause of the lack of credit demand observed in financial markets along with the deficiency in housing starts, a million units below "normal."

Poor sales and uncertainty about the future continue to be the greatest problems for small business owners. They are skeptical and pessimistic about what politicians says they will do to help the economy - as they have watched for over three years the implementation of ineffective policies. So it appears the "bunker mentality" that business has exhibited for the past few years will continue. They won't borrow money to expand their products or hire employees, they won't take risks and build homes or offices on "spec", and they won't lead our nation out of this recession.

But if they won't, who will?


Saving you the cost of those little pricks

Published: 2/25/2011 2:59:14 PM

Needle pricks that is…

 

Assemblyman Segerblom is pushing for legislation again this session to mandate that insurance providers include acupuncture treatments as part of their services.  Many of the county and state health insurance carriers, as well as private insurers, currently provide reimbursement for acupuncture, but it an option for plans, not mandated.  That is how it should stay.

 

The bill, AB 89, would mandate that acupuncture must be covered, just as cancer screenings, mammograms and colonoscopies are.  While acupuncture has proven to be an effective treatment for pain management, allergies, headaches, neck and back pain, weight loss and quitting smoking, it’s not a life-saving procedure like cancer screenings, so having it mandated is a bit severe.

 

The state director of the public employee health benefits system testified that the mandate would cost $5 per person per month for those in the state PEHP plan.  There are 32,000 people in the state’s system, so if it’s that much for each of them, you know the cost to a small business will be significant.

 

While I have used acupuncture and find it effective, it should stay as an option for health insurance, not a mandate.  The more mandates the legislature adds to insurance, the more employers will be tempted to just stop providing it.

The bill was sent to a work session, where I hope it will stay!


Huge Health-Care Victory for Small Business

Published: 2/1/2011 4:03:09 PM

As Nevada State Director for the National Federation of Independent Business, I have been following the lawsuit brought by the National Federation of Independent Business (NFIB) and 26 states, including Nevada. Federal district Judge Roger Vinson ruled on January 31st that the individual mandate in the healthcare law is unconstitutional and that this provision cannot be severed from the rest of the healthcare law, so the entire law is ruled unconstitutional.  
 
This is a huge victory for those of us that think Congress needs to go back and start over with the health care INSURANCE reform bill. I agree with the goal that we need to make health care more affordable and accessible, but this bill didn’t do that!
 
NFIB joined this case to protect the rights of small-business owners to own, operate and grow their businesses free from unnecessary government intervention. The individual mandate, which forces citizens to purchase government-approved health insurance, undermines this core principle and gives the federal government entirely too much power. I am delighted Judge Vinson agreed with NFIB and the states on this critical issue.
 
In his decision, Judge Vinson ruled that Congress lacks the constitutional authority to force citizens to purchase health insurance:
 
 Because the plaintiffs maintain that an individual’s failure to purchase health insurance is, almost by definition, “inactivity,” the individual mandate goes beyond the Commerce Clause and is unconstitutional.(Page 13)
 
In every Supreme Court case decided thus far, Congress was not seeking to regulate under its commerce power something that could even arguably be said to be “passive inactivity. (Page 41)
 
It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. (Page 42)
 
Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. (Page 76)
 
On behalf of small-business owners nationwide, NFIB is determined to overturn this unconstitutional law. This decision represents the first significant legal victory on our way to having the U.S. Supreme Court ultimately strike down this law in its entirety. Only then can we have the open discussion about how to make health care more affordable and accessible. Only then can President Obama keep his promise of having those health care debates open to the public and “aired on CNN.”
 
We all agree we need reform. But this 2600 page bill -- which Nancy Pelosi said that “we have to pass the bill so that you can find out what is in it” -- doesn’t get us there.

Sandoval Gets It!

Published: 1/27/2011 10:52:47 AM

Governor Sandoval understands how to get Nevada working again!  We have to get business growing again, especially small business.  His ideas for job retraining, economic development and job growth are critical to getting our economy moving again.

 

“Roughly 80 percent of new jobs will be created by local businesses, and we need every one of them to put Nevadans back to work,” said Sandoval in his address. “New economic development initiatives will include rural manufacturing workforce development and business expansion programs for small, minority, and veteran businesses.”

 

The Governor also understands the burden that taxes, fees and regulations have on small business.

 

“Despite what some would have you believe, businesses are sharing in the necessary sacrifices of our times. Whether it’s through increased health insurance premiums, the steadily increasing federal costs for unemployment insurance, or even the decreased Medicaid reimbursements to health care providers necessary under my budget, every Nevada business finds it harder and harder to make a profit – and thereby keep workers employed.”

 

He also unveiled bold reforms to public pensions, government operations and economic development that are what Nevada needs to get state spending under control.  He supports many of the SAGE Commission recommendations such reforming PERS and PEHB, reviewing all regulations and sun-setting of all state boards and commissions by 2013.  Kudos to you Governor!

 

Much of his reforms for education were echoed by President Obama in his State of the Union address.  Both parties agree we need reform.  Now it’s time to come together and fix a system that we all agree is broken!   Throwing more money and hiring more teachers is NOT the answer folks.  

 

It’s time we took some radical changes like Sandoval said and stop tenure, fire bad teachers, end social promotion, allow merit pay, and let counties decide if class size reduction is working, and give the universities more autonomy over their budgets. 

 

I will work with the Governor’s office during the next session to support his bold agenda for Nevada, because it’s what we need to get Nevada working again.


Will Legislators Stop Kicking the Can?

Published: 1/4/2011 4:01:39 PM

There are many new, inspiring leaders around our nation right now, taking on tough issues like education reform, state budgets and under-funded pension plans.  These new leaders are not playing “politics as usual” but reforming government to be more efficient and effective.

One example is Atlanta’s mayor, 41-year-old Kasim Reed.  A recent New York Times article by Tom Friedman talks about when Reed took office, Atlanta had $7.4 million in reserves, an out-of-control budget and laid off so many firefighters there were only three personnel on a truck, below national standards.  A year later, Atlanta has $58 million in reserves and is hiring again.  Reed started his reforms by enlisting professionals, not cronies or long-time government workers, to help run the city.  Then he tackled the city’s biggest problem: runaway pensions.

In Nevada, with 19 new Assembly members and 11 new senators, I’m hoping we’ll see some new leaders in our state that will have the courage to stand up to politics as usual and push for the reforms we need. 

With no dominant majority in either house, there is the opportunity for a productive and cooperative legislative session this year.   These new legislators have the chance to take a fresh look at our state’s budget, confront the tough issues, and stand up to “politics as usual.”    With so many of the “old guard” legislators now gone, the issues they have protected for decades – PERS and PEHB, the hundreds of boards and commissions, collective bargaining for government workers – could finally be reformed. 

But in a conversation I had with a freshman lawmaker, I fear that those new leaders may not rise to the tasks ahead and face decades-old issues with new determination. 

“I’ll do whatever leadership tells me to do,” the Freshman Reno Assembly Democrat said.   “They’ll put me on whatever committees they want, and I’ll vote the way they tell me.”

Wow, there’s a real leader for you.   And I thought our legislators were to be an independent voice for the 50,000 of us they are to represent.   I was so hoping to see new ideas, leadership, and enthusiasm.  Alas I fear we will see a few “old timers” consolidating their power, and leading a class of 19 Freshmen lemmings.  

So as our legislators prepare for the 2011 session, I challenge the new members to consider “being the change” they promised to be.  Look around country, you’ll see that you can take on the system and make the reforms we need, and get re-elected.   You are the new generation of leaders, and there are good examples of strong leaders for you to emulate.    Find the courage to stand up to party leadership and be the leader you were elected to be.  

That’s not just me saying that.  I’ll end with the words of Mayor Reed: “The bottom line is that for the country to do and to be what we have been ... there must be a generation tough enough to stick out its chin and take the hit. ... It is time to begin having the types of mature and honest conversations necessary to deal effectively with the new economic realities we are facing as a nation. We simply cannot keep kicking the can down the road.”

Why the Legislature Should Add Districts

Published: 12/10/2010 4:15:18 PM

In 2001 the legislature chose to not create more legislative seats but instead keep the total number of legislators at 63 and shift three assembly seats and one senate seat from the North to the South. If they don’t increase seats in 2011, the expectation is that northern Nevada will lose two more assembly seats and one senate seat, for a total loss of 7 Northern Nevada legislators.

Unless more districts are added, Northern Nevada will likely lose at least two Assembly seats and one Senate seat. The fourth Congressional seat will be in Clark County, and several legislators are anxiously waiting to draw the lines of that district so that it includes their homes.

Right now 66 percent of the Assembly and Senate members are from the South. If the legislature doesn’t add seats, then southern legislators would hold 15 of 21 senate seats, and 30 of 43 assembly seats, or 70 percfent. Losing more power in the north means the legislature will likely go after such industries such as mining whose revenues are not significant to Clark, but are to about 12 other counties.

Nevada has added 700,000 residents since 2000. Because of that growth, Nevada is one of only eight states that will likely be adding a Congressional seat. This session the legislature should also look at adding seats in the state Legislature to compensate for the population growth, instead of giving Southern Nevada more power.

Beyond the disparity of power between north and south, the legislature needs to fix the lack of equal representation that currently exists. In District 11, a Democrat-dominated seat in Las Vegas, fewer than 8000 voters are registered. In District 13 there are over 100,000. (The law states that each assembly seat is to represent 50,000 residents.)

One Senate seat in Vegas is so large that instead of making two districts out of it, they elect two Senators – giving the voters in that district two votes - clearly a violation of "equal representation."

We have to change the district boundaries this session to provide balance in our representation and add fairness to our elections. But we also need to add seats to ensure that all the political power is not concentrated in the south.

If you look at some of our neighbors, you’ll see we have the smallest legislature in the West. Montana has less than 1 million people, but has 150 legislators. Utah has 2.8 million people and 104 legislators. New Mexico has 2 million people but 112 legislators.

Any seats added this year will likely go to the south, and that will add to their power. But to take away seats from the North and send them South will truly change the focus of the legislature from a body of policy makers that should be focused on state issues, to one that will be dominated by Las Vegas issues.

We talk about diversifying our economic base. We need to diversify our political base as well.

Fixing the Retirement and Health Care Systems Should be Main Goal in 2011

Published: 5/13/2010 4:26:39 PM

Nevada is looking at a looming financial crisis that dwarfs the expected $3 billion budget deficit.  The real crisis is the public employee pension (PERS) and health care system (PEBP) that together have an unfunded liability of $11.1 billion that is growing every year.

 

The Pew Center on the States just completed a national review of all state and local government pension funds and identified Nevada as one of 19 states where "serious concerns" exist about the long-term health of the retirement plan.

 

The state’s pension fund for state, local, and other public employees is invested in stocks, bonds and other instruments.  But right now it is less than 80 percent fully funded, thanks to a dramatic decline in the market, leaving it’s liability at $9 billion. The program is a “defined benefit” which is almost extinct in the private sector. Without a significant increase in the annual contributions, that fund will continue to remain a looming taxpayer liability.

 

The unfunded liability in the health system is about $2 billion primarily due to the fact that state employees pay an average monthly contribution of $0 to $28 for their health insurance, while in the private sector those costs run over $100 month for an employee.  That means Nevada taxpayers currently pay 95%-100% of the “shared” costs for active public employee’s health insurance. 

 

The result is that taxpayers are now paying about $200 million a year MORE in benefits to state government employees than if they were employed in the private sector.

 

Changing PERS and PEBP was the top SAGE recommendation, and is something that every state is looking at.   Some of the suggested changes from SAGE and other states that are being considered should be on the agenda in the 2011 legislature. 

 

So during this election cycle, I encourage you to ask candidates for the legislature if they will support some if not all of the following:

 

PEBP changes: 

            Eliminate all PEBP subsidies for future retirees.

            Reduce subsidies for all current retirees 25% in the first year, 50% in the second.

            Eliminate PEBP subsidies from Medicare eligible retirees.

            Increase contributions for all new employees

            Eliminate members of boards, commissions, the legislature and other part-time                                (under 20 hours a month) from participating in the program.

 

PERS changes:

            Redefine “compensation” to include only salary and not overtime.

            Eliminate members of boards, commissions, the legislature and other part-time                                (under 20 hours a month) from participating in the program.

            Divert salary increases into a pension contribution in 2012 - 2014.

            Set a retirement age for all new hires to match that of Social Security.

            Extend the time that retirees can access the money if they retire before 60.


Why the Rush to Run this Year?

Published: 3/18/2010 10:45:33 AM

Unemployment at 12%. State Revenues down over 30%. The tax increases that passed in 2009 (bringing in $700 million) will sunset in 2011.   Another $100 million in federal stimulus dollars will be gone by 2011.
 
The camaraderie that used to exist in the state Assembly and Senate is gone. During the 2009 session we saw a Senate leader use the Capitol Police to summon Senators to a late night session, where he refused to let them even use the restroom. A male Senator physically confronted an Assemblywoman. 
 
In the February 2010 special session, we saw a Republican senator lambast a business lobbyist for refusing to go along with a tax increase
 
Voting trends show that moderate voters are turned off and not going to the polls.   Dedicated activists are the growing majority of voters in primaries, which is helping elect those who adhere to strict ideological positions.   Rational people who have never been involved in policy debates now attend town hall meetings to yell and taunt Congressmen. 
 
Websites and blogs pop up monthly to attack candidates and elected officials, using the internet to spread truths as well as rumors.    Opponents have crossed the line from criticizing votes and policy positions to questioning ethics and attacking professional and personal reputations. 
 
All this kinda makes you wonder why anyone would actually WANT to run for office now?
 
Yet that didn’t seem to discourage the 500 plus people who have filed to run for office across Nevada. With ten open assembly seats and seven open senate seats this year, over 200 people have filed to run for the legislature across the state. That is the most candidates to run in over a decade.
 
What brought people out this year?
 
Several first time candidates said their frustration with what is happening in Washington DC spurred them to run. The primary annoyance is that so few Nevadans have received financial support from the billions of dollars the government has handed out in recovery dollars, or for mortgage assistance.
 
As businesses continue to close and people continue to lose their homes in Nevada, there is little sense of relief from this recession. That is causing many voters to ask, “Where is that money going?”
 
But instead of just being angry, many are saying, “I can do better.” And this year, they are acted upon their frustration and filed for office.
 
How will it turn out? 
 
In several special elections held across the country this year, we have seen party changes in many states. Republicans added six seats in the Virginia House of Delegates bringing their majority to 59 R – 39 D with two independents.   Republicans also picked up one seat each in New Jersey, Michigan, New Hampshire and Washington in special elections held this year.
 
Many look to the high profile governor’s races in Virginia and New Jersey, and the election of Scott Brown in Massachusetts as an indication of a trend for 2010.   But the elections are not necessarily a trend toward one party or another as much as an indication that voters want change at all levels.  
 
But one thing is true: incumbents are vulnerable this year, no matter their party affiliation.
 
Even with the Republican gains in the 2009 elections, Democrats still control 55 percent of all legislative seats and Republicans hold 44 percent.  But many expect that to change this fall when 83 percent of all legislative seats will be in play along with 37 governors.
 
In Nevada, all 43 Assembly seats are up, and eleven senate seats are in play.   Just how angry or optimistic voters are will be heard loud and clear in November.

Be Ready for More Taxes in 2011

Published: 3/9/2010 12:13:40 PM

In a rather surreal hearing during the Special Session last month, Senators from both sides of the aisle berated business and gaming lobbyists for saying “no” to new taxes.  
 
The dialogue reminded me of the contentious 2003 session that pitted business against gaming over the proposed gross receipts tax. This time, gaming lobbyists sat next to business lobbyists taking the same verbal abuse, refusing to contribute more money during the worst recession in Nevada since the Depression.  
 
Senator Horsford (D- LV) wanted gaming to pay an additional $32 million to cover the cost of the state gaming board. When gaming pushed back, saying it couldn’t afford the increases because of record losses in the last year and the increase on payroll and room taxes that were passed in 2009, the senator essentially mocked the industry.

“Look, $30 million is three $10 million high rollers,” he said. “To the average person who is really struggling to make basic decisions about how to keep their families together, the idea that the entire gaming industry can’t pay” rings hollow.

Senator Schneider (D-LV) who is term limited, continued the whipping. “We have kept the lowest gaming tax in the world here. We have changed laws. We have allowed them to make lots of money. ... And they have built markets around the world on Nevada dollars we let them take out.”

Next, it was business lobbyists who were taken to task for not willing to pay more in taxes. Representatives from the chamber, retail, manufacturing and trucking were called the “Group of No” and were told that their argument that more taxes would mean more businesses closing up shop and fleeing the state “a bunch of bull.”

(Guess those senators haven’t looked at the number of bankruptcy filings in Nevada recently.)
 
Senators said they bring the business lobbyists before the committee of commerce, tax and transportation in 2011 for a “Come to Jesus” meeting.

Senator Townsend, (R-Reno) who was a longtime friend of big business, was even tougher on the business and banking lobbyist.
 
 “No, is not a plan,” said Townsend. “You need to be at the table and explain how your industry can help us get to where we want this state to go. If business doesn’t offer ideas on how to solve the crisis “you are absolutely wasting our time.”

What was most frustrating for the business lobbyists was the legislators’ inability to recognize that the budget they passed in 2009, which was $700 million more than the Governor’s recommendation, was the reason for this special session.   Had they followed the advice of the state’s budget office and Economic Forum, the state would not have been $800 million in debt.  (I know hind sight is 20-20.)
 
Yet with over $2 billion in tax increases since 2003, the business community is tapped out. But the legislators and public employee unions just don’t see that.  

Another point of contention for this session was that casinos and the business community called for reforms to collective bargaining, which is severely hurting city and county budgets and costing the taxpayers millions in generous over time pay, retirement benefits, and health care.   The issue brought out a phalanx of public employee unions who shot down any reforms. But the issue will come up again as the unfunded liabilities for public employees’ retirement and health benefits continue to grow.
 
Impact on 2010
 
Most of assembly democratic candidates in the 10 open seats are public employees. Most of their republican opponents are business owners and private sector employees. This is setting up a clear choice for voters between tax “users” and tax “payers.”  
 
But history often repeats itself, so these candidates should look at the 2006 election to gage how voters will likely act this year.
 
After the huge tax increase of 2003, and the spending spree of 2005, voters chose to elect a true fiscal conservative for Governor in 2006 who promised to draw the line on spending and tax increases.  
 
After the 2009 session, where significant taxes and fees were increased despite Governor Gibbon’s vetoes, it’s likely that voters will be even more serious about electing legislators this year who will also promise to hold the line on spending.
 
Business should Fear the 2011 Session
 
It’s likely the legislature will extend the sales and payroll tax increases that were approved in 2009 but are scheduled to sunset in 2011.   And with a looming $3 billion deficit, expect more tax increases to be proposed. 
 
The special session in February showed us that cutting government is not an easy thing for our legislature to do. So unless there is a change in party control of the Senate, and unless the GOP can gain one seat in the Assembly to halt the current 2/3rds majority, we are looking at tax increases, folks. And the tax most favored by gaming and the Democrats is gross receipts. We also expect to see a proposal to tax services such as auto repairs, dry cleaners, lawyers, etc.
 
The state’s budget has grown to the point that it can not be sustained without significant tax increases. The 2011 Legislature has no choice but to make dramatic cuts to the state’s budget. And we voters have no choice but to elect legislators who will make those cuts. 
 
2011 is also a “redistricting” session.    The lines for legislative districts will be redrawn next year, based on the census.   Whoever is in power will control those lines and determine the fate of legislative elections for the next 10 years.
 
I know you hear this every two years, but this really is a critical election. Make sure your employees are registered and that they vote. Business needs voice on Election Day. Make your voice heard!

The Inconvenient Truth About Yucca Mountain

Published: 2/3/2010 12:03:02 PM

I’m having a hard time with Nevada politicians praising the loss of 2000 Nevada jobs for a project with an annual budget of $1.5 billion (80% of which was spent in Nevada.)  But that is what happened when Senator Reid and Governor Gibbons got all giddy as the President said he was going to pull the plug on Yucca. 

 

Then I see that the President wants an extra $11 million for the Dept. of Justice to cover the legal costs it will take to defend the Feds against all the lawsuits that will result from the premature pulling of the license for Yucca.

 

This just doesn’t make sense.  But the fight against Yucca has never made sense, especially when we have never been told the truth about the project from our elected officials.     

 

Here’s just a few of the recent “truths”:

 


Senator Reid’s truth:
From his January 28, 2010 media release:  “President Obama and I have worked closely to stop dumping taxpayer money into Yucca, and I have fought hard to ensure Yucca Mountain is dead.”

 

The Inconvenient Truth:
Taxpayer money was not used to build the repository at Yucca Mountain.  The funds come from the users of nuclear power. 

Several million households have paid about $1.25 a month since the 1980’s into the Nuclear Waste Trust Fund.  Those funds are designated specifically to pay for a repository at Yucca Mountain, as required by the Nuclear Waste Policy Act.  If Yucca is “dead,” then our government is collecting those funds under false pretenses.  They are perpetuating a fraud on the millions of Americans who get their power from a nuclear power plant. 


Senator Reid’s truth:
From his statement on January 31, 2010:  “…funding for the proposed Yucca Mountain project will be eliminated and the Department will take steps to withdraw the license application in the near future.

The Inconvenient Truth
If the Department of Energy pulls the license application for Yucca, it will violate the Nuclear Waste Policy Act.  It will be subject to law suits from millions of nuclear power users and nuclear power companies.  It will likely have to pay back the Nuclear Waste Trust Fund the $10 billion spent to build Yucca (funds that will come from taxpayers this time.)  It will be subject to law suits from several states that have agreements with the DOE.  It will delay the future expansion of nuclear power, which even President Obama has endorsed in climate change and energy legislation.


Senator Reid’s truth:
“Yucca is dead.”

The Inconvenient Truth
The law of the land, the Nuclear Waste Policy Act, states that the Department of Energy shall take possession of nuclear spent fuel and store it at Yucca Mountain.  That law has not changed.  All Senator Reid has done is cut funds to the project, increasing its cost, delaying the government’s legal obligations, and costing 2000 Nevadans their jobs.  
 

Senator Reid’s truth:
Designating Yucca Mountain as a nuclear repository was a political decision.

The Inconvenient Truth
True.  The so called “Screw Nevada” bill was written to punish then Senator Dick Bryan (D-NV) for derailing the National Energy Strategy bill that was backed by the Senate Energy Committee.  

 

What you don’t hear is that Yucca was the site most favored by the scientific community for a repository, prior to the writing of the Screw Nevada bill.

 

However, the attempt to kill Yucca is also political.  If the site is truly unsafe as Senator Reid claims, he should allow the license application process to continue to prove his claim.

 

For Senator Reid, his truth is that Yucca must be stopped so he can be re-elected…regardless of the national legal and economic issues associated with this truly political decision.

 

Then there is the inconvenient truth:  A repository at Yucca is still the law of the land. Yucca is vital to meeting our nation’s growing energy needs.  Yucca has proven to be the safest place in America to store spent fuel.  With an operating budget of $1.5 billion a year, Yucca has positive economic aspects for Nevada… but not as just a repository….

 

Burying spent fuel is an outdated, stupid idea.   It’s time Senator Reid used his power to amend the Nuclear Waste Policy Act to incorporate emerging technologies that will use the spent fuel to generate power, something that is being done around the world.  He should make Yucca the new nuclear test site: a place to research and develop nuclear technologies to better address spent fuel and help meet our nation’s need for clean energy.  Such a project would also mean hundreds of construction and manufacturing jobs, and over 2000 operational jobs… for over 50 years!  The project’s budget would be about $2 billion annually, and provide cheap power to half of Las Vegas.  

 

Where is the common sense in this fight?  Where is the common sense in Washington? 

 

 

 

Not a Waste Dump but an Energy Park

Published: 1/4/2010 2:53:01 PM

Considering that Nevada is the most economically-stressed state in the nation, it will take bold leadership and action to get Nevada back on its feet and KEEP us there. We can no longer depend on tourists and gaming to fund our state.   We have to find new revenue sources.
 
That is why many of us are re-thinking Yucca.   Not as a “waste dump” but as an Energy Park.
 
This park could host a research facility, an interim and long-term repository, and a reprocessing plant that will generate clean energy. (And yes, there is enough water in the Armargosa valley for a nuclear power plant.) The Park could bring in over $2 billion to Nevada and support a Trust Fund (similar to Alaska) that would provide substantial monies annually to Nevadans.
 
Despite the rumors and wishes of some Nevada officials, Yucca is NOT DEAD.
The Nuclear Waste Policy Act is still the law of the land, and it says that Yucca will be a nuclear repository and nothing else. We don’t have the votes in Congress to change the Act, as 34 states have nuclear power plants, and they want a resolution to the issue. No matter how powerful Senator Reid is, he can not get that Act changed until there is an alternative to Yucca.  
 
But we HAVE that alternative!   Make Yucca a reprocessing site that will generate power, resolve a national problem, provide jobs, and bring substantial monies to our state!
 
With DOE’s announcement last month that it is not going to pull the license application, Yucca is still alive. If we act now, we can offer an alternative that will be safe for Nevada and develop a new energy sector that can bring in thousands of jobs and billions of dollars to our state!
 
Our political leaders need to change the plan at Yucca, as burying the spent fuel is an old and stupid idea.
 
We should work with Congress and the Feds to incorporate emerging nuclear technologies that will use the “waste” to actually fuel a power plant!
 
Nevada is in a great position to offer Yucca as a national testing facility to explore reprocessing technologies.  Eventually Yucca could become a regional reprocessing site that would reprocess fuel from contiguous states (reducing the transportation across the country.)
 
By acting now, Nevada could:
 
·        Seek money for new rail lines, roads, bridges, schools, etc.
·        Seek funds for facilities at the site to expand research into nuclear and renewable technologies.
·        Seek funds for a permanent trust fund (like Alaska) that will allocate money directly to qualified Nevadans.
·        Take title to the spent fuel rods to re-sell or reprocess in the future.
 
 
Yucca is the ideal location for this facility. It’s the most studied piece of land on the planet and is proven to be safe for storing this material.  The land is already contaminated from nuclear testing and has no other economic potential. (And storing and reprocessing fuel is a lot safer than detonating nuclear bombs.) And its remoteness in an already super-secret security area (next to the Test Site, Area 51 and Nellis AFB) makes it one of the most remote and secure locations in America.  
 
So come on politicians, wake up. We are being offered a multi-billion dollar project, and we just keep saying no. It’s time to re-think Yucca and make it work for Nevada. 
 

Increase Your Car Insurance Coverage Now

Published: 11/4/2009 10:18:45 AM

I was in a bad car accident in September that was not my fault.  I was stopped in heavy traffic and a truck hit us from behind.   My SUV was totaled.  My mom, dad and I were all hurt, and mom was taken to the hospital by REMSA.

The incident taught me an important lesson:  the $5000 medical coverage on my car insurance is not nearly enough.  I chose the minimum amounts because I had to frame of reference for just what costs are involved in an accident.  Now I do, and I’m increasing all my limits.

Here’s why.

Mom’s ride in REMSA - $800
The emergency room doctor - $720
The three CAT scans of her head and neck - $8400
The emergency room fee - $8000

Mom didn’t need surgery and was released after a few hours with a few wounds bandaged. But even that care cost nearly $18,000. 

Since the accident was the fault of the driver that hit us, his insurance will have to cover the excess cost, IF he has enough coverage.   Since three cars were totaled in this accident, and two others were damaged, the maximums on his insurance will likely be hit.  I’m grateful I have underinsured and uninsured coverage, but I can see how even those high amounts of $100,000 a person and $300,000 an accident could be reached if further medical care is needed, which is likely in a case like this. 

I understand why Congress is working to make health care more reasonable and affordable.  But who knows when they will get that done.  So in the mean time, I’m taking action to protect myself and increasing my car insurance coverage. It won’t fix the system, but I’ll feel better.


Why Would Anyone Run for Office?

Published: 10/28/2009 1:23:31 PM

Unemployment at 12%. State Revenues down over 30%. The tax increases that passed in 2009 (bringing in $700 million) will sunset in 2011.   Another $100 million in federal stimulus dollars will be gone by 2011.
 
The camaraderie that used to exist in the Assembly and Senate is gone. This session we saw a Senate leader that used the Capitol Police to summon Senators to a late night session, where he refused to let them even use the restroom. A male Senator physically confronted an Assemblywoman. 
 
Voting trends show that moderate voters are turned off and not going to the polls.   Dedicated activists are the growing majority of voters in primaries, which is helping elect those who adhere to strict ideological positions.   Rational people who have never been involved in policy debates now attend town hall meetings to yell and taunt Congressmen. 
 
Websites and blogs seem to be popping up monthly to attack candidates and elected officials, using the internet to spread truths as well as rumors.     Opponents have crossed the line from criticizing votes and policy positions to questioning ethics and attacking professional and personal reputations. 
 
All this kinda makes you wonder why anyone would actually WANT to run for office now?
 
As we look to 2010, the economy will be the number one issue facing candidates. But many other issues will be in play in 2010 that can help or hurt all candidates, regardless of their own qualifications.
 
What Helps the Democrats?
 
A successful stimulus package will help all Democrat candidates.
 
If Gibbons is the top of the GOP ticket and there is an ugly US Senate race that leaves a rift among conservative and moderate Republicans, many Republicans will stay home on Election Day.
 
The Democrats have a 90,000 voter advantage statewide. While maybe half of those are Obama voters that will likely not vote in 2010 which still leaves about
45,000 more D’s than R’s.
 
If the AFL-CIO or Teachers Union succeed in getting ballot measures to increase taxes for health care or education, that will drive more union members to the polls. Unions will also rally their voters, and will have more money than any other special interest.  
 
What Helps Republicans
 
If the stimulus effort fails, Republican candidates benefit. The health care debate may also help, as this summer did not go as planned for the Democrats.
 
Two Reids at the top of the ticket will help the GOP, as Nevadans don’t like political dynasties.
 
If legislators in the special session vote to “un set” the taxes expanded in 2009 that are set to be “sunsetted” in 2011, or increase taxes without reducing spending, that will anger fiscal conservatives, no matter their party registration.
 
If the GOP can exploit Reid’s declining health, or show how he’s more interested in being majority leader than helping Nevada, that will help his opponent. If they can connect Rory to his inept phrasing (President Bush a “loser;” “this war is lost”), that can help all GOP candidates.
 
Exploiting how Jon Stewart said his most boring interview was Reid, (he’d rather interview a log) will help reach moderate and younger voters who get their news from Comedy Central.
 
If the AFL-CIO or Teacher’s Union are able to get a tax increase on the ballot, fiscal conservatives will come out to vote against it.
 
If the war in Afghanistan is going poorly, liberal Democrats may stay home on Election Day.
 
If Brian Sandoval is the nominee for Governor, moderates and Hispanics will go to the polls.
 
Possible Outcomes
 
Political observers say now that the union vote and the rift in the Republican Party between conservatives and moderates will help Democrats win one or two more Senate seats, and possibly two more assembly seats.  Unions have targeted GOP Senate races (Heck and Beers in 2008, Barbara Cegevske in 2010) to gain Democrat control. Their success is keeping them focused. The GOP, meanwhile, remains a party adrift.
 
If the Republicans can field moderate, well-known candidates to run for the open seats in Shelia Leslie and Bernie Anderson’s districts, they could win those seats. Both districts have a high NP registration, which tend to be moderate voters. Voter turnout is lower in non-presidential years (generally by about 20%). This, coupled with a bad economy will discourage Obama voters from coming out, which could help Republicans in these races.
 
With so many variables at play here, from a special session to the economy to Obama’s ratings, the races for 2010 remain wide open right now.   And any candidate that is willing to enter the race, knowing what a no-win situation they will be in, is to be admired…or checked for mental stability.

I'm Not Credit Worthy

Published: 9/10/2009 11:08:40 AM

Are there actual people working at credit card or insurance companies, or is corporate America all computer automated?  

I ask this because I just can’t believe that a person would actually make some of the decisions that these companies are making these days.  I can’t believe a person working for, say an insurance company, would actually increase someone’s car insurance rate right now just because their credit score went down. Forget about how you have always paid on time and have no tickets or accidents. Suddenly a long-time good customer is now a bad risk?

In this recession, with millions of people in foreclosure, hundreds of businesses going bankrupt every day, credit card companies reducing credit, and 12% unemployment, credit scores are falling faster than the stock market after Ben Bernanke speaks.

Even those of us not in foreclosure or bankruptcy are seeing our debt ratio rise as credit card companies lower our credit line.  Yet, with the Fed loaning money at 0 percent, and prime rate down to 3.25 percent, isn’t it odd that the national average rate for credit cards has actually risen the past year from 11.3 percent to 12.1 percent. 

For businesses dependent upon client billings, when a client is slow to pay (or goes bankrupt) it makes it a challenge to pay our bills on time.  And without adequate credit to “float” for a month or two…well, a credit score of 780 drops to 630 real soon.  But is that score a true reflection of the person, or is it more about the times we are in?  Suddenly, millions of hard working folks aren’t credit worthy.

I know the law allows auto insurers to raise rates based on credit scores, but come on people!  Look around you.  Small business is hurting!   We’re not the ones getting bailouts and receiving million dollar bonuses.

We’re the ones employing about half of the work force.  We’re responsible for 52 percent of sales and 50 percent of private sector output.  We generate over 60% of net new job growth.   When we make money, you service industries make money.

Punishing us for this economy is a sure way to not only lose customers, but delay an economic recovery.

It’s getting harder to believe that I can ride out this economy when I see corporate America punishing the working folk.   I know their losing money because of all those people who bought a house they couldn’t afford or invested in a housing market that tanked.   But we’re pretty much all you have left.   If you suck us dry, then who will be around to build this country back up?

Maybe I should just walk away.  I’ll quit working 6 days a week.  I’ll stop buying food or gas. I’ll let the bank take my house.  Then I’ll just hang out at that nice homeless shelter on Record Street and watch an Aces game through the fence. 

Corporate America, you are beating us small business folks down.  Can’t you step away from your statistical reports and actuarial tables…and just be human?


A house of ill repute and disrespect

Published: 5/29/2009 1:37:56 PM

The spectacle that was our State Senate last week was disgusting, disrespectful and discouraging. Senate majority leader Steven Horsford used the Capitol Police to "take into custody" three absent Republican senators and return them to the legislative body at 2:30 in the morning to face "such action as the Senate may deem proper."
 
The reason for the aggressive action was not because of an important legislative deadline, it was pure gamesmanship. The Democrats wanted to get the $781 million tax bill to the Governor with enough time left for the Legislature to override his expected veto before they leave town June 1.  
 
This isn’t the first time our legislators have succumbed to such grubby conduct, nor will it be the last. Bills are being held hostage by committee chairs who then retaliate by holding bills of importance to other committee chairs. Bills that died are being amended to unrelated measures. Secret meetings among a elite few determined our state budget.   Bills that impact our daily lives will be resolved in quickly-arranged conference committees comprising six lawmakers. Bills will passed in each house before all the members can even read them.
 
As someone who has run for the legislature, I actually have respect for the institution and for those who serve in it. It is a place that deserves the “best” of those elected to represent the people. It is place where personal agendas and professional associations take a back seat to acting in the best interest of the public good.
 
And as someone who has not served in the Legislature, I have been cautious to not be critical of the individuals who have been elected. I don’t know the details of the issues they have to address. I don’t know the pressures they are facing. I don’t know the personality conflicts or the "deals" they have cut.
 
But after this session, and especially the antics of last week, my respect is gone and my caution is tossed.
 
The level of acrimony among the 21 adults who are elected to make the serious decisions about our state reached a new high, and their behavior reached a new low (and I didn’t think was possible after the 2003 tax hike battle where death threats were made in the hallways.)
 
I’m sure many a lobbyist and legislator reading this now is softly chuckling, saying that “that is just the way it works here in Carson.” 
 
It may be, but it doesn’t make it right.
 
When revenge replaces respect, animosity replaces cooperation, and personal agendas override the public good, how can we have conscientious discourse.
 
This behavior that is now the norm just is not acceptable. They can do better.   We can do better. We deserve better.

Business Owners Beware: The Government is Not Here to Help

Published: 5/28/2009 5:24:41 PM

Bleak news this week indicates that the economic recovery will be long and slow, and what the folks are doing to us in Carson is only going to make it worse.
 
Just a quick reminder in civics for you folks in Carson.   The private sector FUNDS the public sector. But if you increase taxes on businesses that are already hurting, they will cut back, which means fire employees. Those employees will stop paying taxes and start collecting unemployment. Increasing the burden on the private sector will increase the burden on the public sector. 
 
A report released this week from the Federal Reserve indicates unemployment will continue to rise even when growth resumes.   A key manufacturing indicator showed that factory activity in the key Mid-Atlantic region was only marginally less weak in May than April. Thanks to these and other key indicators, the Federal Reserve now says that a full economic recovery could take five or six years. 
 
Also this past week, our neighbors in California voted down five measures that would have allowed, among other things, the extension of $16 billion worth of taxes. The only measure that passed was the one that freezes the pay rates of state elected officials in down budget years.
 
So you’d think that with such bad economic news, the reality that it’s still hard for businesses to get loans, that unemployment in Nevada being over 10 percent, and the message that the voters to the West just made about taxes, that maybe a few legislators would stick their head out of their office window and see that raising taxes on the private sector is not going to help the state one bit.
 
The legislature says they need about $1 billion in new revenue. So they are considering increasing the payroll tax from 0.63% to 1.17% for payrolls over $250,000. They want to double the business license fee from $100 to $200. They want to increase sales tax by 0.35 percent. They want to reduce depreciation on motor vehicles and increase the registration fee.   And they are considering taxing services. 
 
Just four short years ago (2005), the state budget was $6 Billion.  In 2007 the legislature approved an $8 billion budget (thanks to that 2003 tax increase.) Now we hear the legislature can only “cut” the budget to $7 Billion. How can they justify a $1 billion increase in our state budget in just two years of little growth?
 
Before they increase our taxes, the legislature needs to do it’s due diligence and reduce spending by adopting the recommendations from the SAGE commission that spent months researching ways to reduce spending.    And they must address the public employee retirement and health insurance system that is going to cost the tax payers billions. 
 
Then, if you still need money, open Yucca Mt. as a reprocessing and power generation center!   That will bring in $1.5 billion into the state annually!  
 
Please take a moment to call or email your legislators and tell them its time they start making the tough decisions and stop increasing the burden on the folks who provide the jobs in this state.

It’s the Entrepreneurs, Stupid

Published: 5/12/2009 11:11:44 AM

As former President Clinton’s advisor James Carville told the nation in 1992, Clinton would be a better leader than President Bush because Clinton understood that the economy was the issue.
 
Somehow it seems we need to remind our state legislators as they ponder multiple taxes that will impact business, especially small businesses owned locally by Nevadans, that it’s the small business guys who will get us out of this recession….if you don’t tax them out of existence.
 
The big guys getting the bail outs are not the leaders of our nation’s economy. It’s the innovators, the entrepreneurs and the survivors that will lead us out of this recession.
 
The Kaufmann Foundation analyzed hundreds of studies over the last several years and concluded recently that entrepreneurs drive our economy.
 
Small businesses generate 60% to 80% of net new job growth, and most American innovations come from “the little guy.”
 
In 2007, 1 out of every 3 adults in the U.S. created a new business each month, equaling about 495,000 new businesses per month.
 
From 1980-2005, firms less than five years old accounted for all net job growth in the United States.
 
Despite the fact that business bankruptcy filings in Nevada almost doubled from 2007-2008, just last month over 200 new business licenses were issued in Carson, Reno/ Sparks and Washoe County. Those small business folks, they are such optimists!
 
And 70 percent of U.S. voters get it. They think the health of the economy depends on the success of entrepreneurs. 
 
And despite the fear many have about the “socialistic” policies being espoused in Washington, I have faith that we survive because of the legacy created in the Reagan/Thatcher era. Those two inspired almost every world government to embrace entrepreneurship. An article in the March 14 Economist  highlights entrepreneurship, saying that despite the downturn, entrepreneurs are enjoying a renaissance the world over - and they can continue to enjoy it in Nevada as well.
 
Nevada is currently ranked number two for the best state tax system in the Small Business and Entrepreneurship Council’s annual Business Tax Index. While many in the legislature use this statistic as a reason to raise our taxes, it’s a key reason why Nevada has prospered. 
 
So as you Legislators seek ways to increase taxes on us small business folks, just remember, we have a majority of voters on our side.  
  
As we navigate these difficult economic times, just know that the American Dream is alive. There are hundreds of small businesses out there who are going to pull us through this. So please, stop by one today and thank them…and spend a few bucks with them, too.

The Business of Politics Should be Looking out for Business

Published: 5/11/2009 12:05:37 PM

If you want to stay in business, you better get into politics.
 
Never has that line seemed more appropriate than now. 
 
Congress and our legislature are considering bills that will impact how we do business, and how much we pay for that honor.    
 
I thought I’d pass on a few bills of concerns, along with some phone numbers, in case you’d like to inform your elected representative of the impact of his/her vote.
 
The biggest concern to business in Washington is called “card check.” The bill will allow a majority of employees to organize a union by simply signing cards instead of the current secret-ballot election. It also calls for binding arbitration within three months if management and the union cannot agree on a contract.
 
The bill will increase union harassment at non-union businesses and take away the right of employees to have a confidential vote. Economists say that 600,000 jobs will be lost in the first year alone, with millions more lost in the future as a result of legal uncertainties, expanded government intervention, and higher costs.
 
People can choose where to work based upon if they want to join a union or not.  Don’t business owners have the right to run their business the way they want? If they run it poorly, people leave.     
 
Senator Reid supports the bill.   If you’re so inclined, let him know how you feel.  1-866-736-7343, or fax him a note to 202-224-7327.
 
In Carson, they are looking at all taxes and fees to see which ones to raise, and considering bill to add health insurance mandates – which will only add more to your cost of health care. But it’s not all bad news.
 
There is actually one tax increase that makes sense! SB 368 would impose a $5 tax on brothel patrons. The tax would raise about $50 million a year.   Call Senator Coffin at 775-684-1427 and let him know you agree with him - it’s about time we tax brothels!   And call the Assembly Taxation Chair Kathy McClain and tell her too - 775-684-8835.
 
Another “good” business bill is SB372, which would revise the voter-approved smoking ban by allowing smoking in bars that serve food as long as minors can’t enter. It also allows businesses to wall off ventilated smoking rooms. Now before you send me those nasty emails, I know all the stats on second hand smoke, and I don’t smoke. There are many non-smoking options for workers and patrons. But the smoking ban has had a devastating impact on small bars and slot route operators – and many have closed down. We need to provide some relief. Call Senator Care and urge him to hold a hearing on SB372 -775-684-6503.
 

Or better yet, go testify at a hearing, or visit your legislator, if you can get an appointment in between lobbyists.   But be warned! Spending a day at the legislature may so anger you that you’ll think about doing something foolish, like running for office.


There is Reality, and There is the Legislature

Published: 5/11/2009 11:14:35 AM

It’s often said that our elected leaders in Washington DC are out of touch with the voters, but I’m shocked at how out of touch the legislators in Carson are with the voters.

Legislators are struggling to come up with new taxes, but they refused to tax the oldest and most regulated (and legal) profession in this state.

They passed two bills to change constitutional amendments that voters already approved.

They need to make serious reductions to the state’s budget, but they refused to discuss the recommendations from the SAGE commission that spent months researching and surveying state employees on ways to best reduce state spending.

They are looking at increasing our taxes but refuse to negotiate for funds that we are allowed - by Federal law - to request for Yucca Mountain.

They are considering a 100 percent abatement of property taxes for 10 years for companies that develop “green” energy, but they refuse to even discuss changing plans at Yucca Mountain to include a nuclear reprocessing center that could generate 500 megawatts of clean power at no cost to us! It seems likely they will also increase to 25% the amount that utility companies have to purchase from renewable sources. Do you know what that is costing us, the ratepayers? It costs about $88.75 a month to power the average Nevada household from coal, and about $1,387 from photo voltaic solar. Compared to $21.25 for nuclear power, I really wonder if anyone in Carson is looking at options.

They called the Governor’s $6.1 billion budget dead on arrival, when just four short years ago the state budget was $5.9 billion. The 2005 and 2007 legislatures spent money as if the word “recession” was not a possibility. Now as we face revenues of about $5 billion, they just don’t know what to cut! Well they can start by reducing or eliminating what they created and expanded the last two sessions!

However, it sounds like the “elite few” who have been meeting behind closed doors to develop the budget will not consider such reductions, as they have apparently developed a $7 billion budget.

The way this budget came about is such a great example of the “new era” of an open and transparent government, isn’t it? It’s incredible how we let them get away with it.

A local government official told me one of the reasons he wants to run for the legislature is so he won’t have to deal with the open meeting law!

Amazing how our legislature is inspiring the leaders of tomorrow. It is truly astonishing how out of touch our legislators have become.

There's Dough in that thar' Yucca Mountain - But the plan for the Mountain has to change!

Published: 3/12/2009 12:25:00 PM

Business owners beware! Just because we are in a recession, don’t think we won’t see a tax increase this year. Our legislature is looking for ways to raise revenue, and one tax that will likely be increased this session is the payroll tax.
 
But many folks are wondering why our leaders aren’t looking at the most logical and available source of funds – Yucca Mountain. How can they ask taxpayers to pony up more money when they either kill funding to the state, or refuse to explore options?
 
With our state in financial crisis, why does our congressional delegation cut $100 million from Yucca? That cut will directly cost 550 Nevadans their jobs, indirectly reduce service sector jobs, and increase demand for unemployment funds.
 
They turned a deaf ear to an offer from Congress last summer for $500 million annually if we would stop our opposition.
 
They tell us that the stimulus package will bring $1.5 billion to Nevada over the next two years, but Yucca’s budget, when operational, will be $1.5 billion a year for 30 years!
 
Also frustrating is that, by refusing to negotiate on the project, we could miss out on participating in the most exciting research of this century – the advancing of nuclear technology, recycling of nuclear spent fuel, and reactor technology. We will lose the chance to attract thousands of high tech jobs, create new industries, expand manufacturing, and help build the most high tech “green” power plants.
 
That is why there is a group forming in Reno that is willing to take on the daunting task of talking to our elected leaders about conducting an unbiased assessment of the economic impact of the Yucca Mountain project.
 
They all realize that it’s time Nevada takes a more realistic approach to Yucca Mountain, one that includes a drastic change to Yucca as we know it.
 
Yucca needs to change from this 40-year old, bad idea of permanently storing nuclear spent fuel that still has enough energy in it to generate a significant amount of power. We want the state to force the DOE to change Yucca from a long term storage facility to one that will store the fuel in the interim while a reprocessing facility is built on site to vastly reduce the toxicity and half-life of the spent fuel material - using the residual fuel to generate inexpensive and clean power at the site. There should also be an R&D complex for renewable and advanced energy technologies. 
 
The Energy Department has funded 11 communities who asked to host such a reprocessing facility. Because of our continued opposition, we were not asked to participate. We are losing out on the opportunity to reprocess the fuel and generate clean power right here, along with creating thousands of jobs and bringing billions of dollars into the state.  
 
But instead of working with the Department to pursue changes to the project, Nevada continues its legal battle that still has not stopped the project. Just this week Attorney General Masto says she’ll need another $10 million from Nevada’s taxpayers to continue the fight.
 
Yet despite 25 years of fighting, it is still the law of the land to build a repositiory at Yucca. And it’s still the law (US Code 42) that Nevada can seek funding for the project. But to date, the State has refused to negotiate. 
 
Our state leaders need to take an unbiased look at the project and explore the funding options before they, once again, increase our taxes.   
 
And don’t believe the recent talk that Yucca is dead… It’s just not the case. 
 
While we don’t know what Energy Secretary Steven Chu meant when he told a congressional hearing in February that Yucca Mountain is not an option for nuclear waste storage, we do know the following:
 
1) It is still the law of the land that a permanent repository be built at Yucca Mt.  That has not changed.
 
2) The Department of Energy has not pulled back the Yucca Mt. application they submitted to the Nuclear Regulatory Commission. Should it do that, it will be hit with a massive (multi billion) lawsuit from the nuclear industry.
 
3) Yucca is slated to get $288 million in 2010 – while that is well below the request of $500 million, it’s more than would be needed to decommission and close down the project.   That is not the kind of money Congress gives to a “dead” project.
 
4) Congress has a major say in this matter, and there are 34 states (68 senators) that host nuclear power plants and need to dispose of nuclear spent fuel eventually.   On site storage can continue for several more years, but it is NOT the long term answer.   This nation must have a permanent repository.
 
5) President Obama and Sec. Chu have yet to offer an alternative to Yucca. 
 
6) There is still a need for permanent storage of defense nuclear spent fuel (from nuclear subs and military installations.)  That will most likely continue to be stored at Yucca.  (Funny how the media nor Senator Reid talk about military waste…) 
 
So while the Nevada media is hyping up the Secretary’s remarks, Yucca is not dead.
 
This seems to be a move by Senator Reid to scare off any potential opponents by showing how close he is to President Obama, and that he is so powerful he can kill Yucca. He has convinced Chu and Obama to say that they will kill the project, even though they have no alternative yet.   But I’m guessing that alternative will be announced about a year from now, in the height of Reid’s re-election campaign.
 
That is why we need to continue to educate Nevadans that Yucca is a safe project that can be a positive economic and technological facility that will bring thousands of jobs and billions of dollars to our state.  
 
Don’t let the ego of one man determined to be re-elected ruin the state’s opportunity to safely prosper.