Inside Politics - October 2003

Legislative Changes Ahead:

Now’s the Time to Prepare

by Scott Craigie

Fifty-two of Nevada’s 63 legislators face voters next year. If history repeats itself, expect a record number of freshmen legislators and a leadership change in at least one house – Assembly or Senate – in 2005.

Nevada’s Legislature is in a constant state of change. The 1989 Legislature increased gaming, sales, insurance premium and mining taxes, and raised legislators’ retirement benefits by 300 percent. In the very next election, voters took leadership of the Senate away from Republicans, and a host of senior Assembly leaders lost reelection bids.

The 1991 session’s Business Activity Tax and budget deficits cost Democrats their Senate majority; worker’s compensation reform in 1993’s session forced the Assembly into a 21-21 GOP-Democrat split in 1995.

Don’t be surprised if this cycle’s turnover starts with a round of incumbents announcing early retirements. Most won’t leave in fear. Good legislators know taking responsibility for tough decisions is part of the job, and they accept that. But this session was sheer punishment for legislators. I’ve worked the Legislature for 20 years, and never have so many been so fatigued and disillusioned. Freshmen to senior lawmakers feel the excitement and motivation fading fast.

The immediate future will be given new direction and the next generation of legislative leaders will be chosen next fall. Sadly, this is a chaotic time to be making such important decisions. We’re in the last week of California’s recall circus. Meanwhile, ballot recalls, referenda and constitutional amendments could easily supercharge Nevada’s own 2004 election circus.

None of this craziness is supposed to happen. Representative democracy contains a time-tested system of checks and balances that rein in excessive behavior. However, this session fully involved all three branches: the governor, Legislature and Supreme Court. And it’s fair to say, many Nevadans found the performance of all three wanting.

So, Nevadans are taking their case to democracy’s roots: the ballot box. Critics suggest governing by ballot question undermines government and invites pandemonium. However, these tools are as legitimate as the three branches themselves. Ballot processes are included in Nevada’s statutes and constitution. True, they are rarely used, but then appeals to the state Supreme Court designed to override legislative deadlocks are also quite rare. Both are lawful processes.

Legitimacy issues aside, ballot questions don’t much help anyone’s cause. Recalls and initiative measures are not really progressive – they are aggressive. They change the rules, but they miss the point. All policy issues eventually boil down to having a majority of votes in two legislative houses.

With declining voter turnouts and Nevada being such a small state, a few votes here or there can change history. A mere 625 votes spread among Assembly Districts 3, 34 and 37 last election would have led Nevada to Speaker Lynn Hettrick and Minority Leader Richard Perkins this session.

Thirty-seven more votes in Assembly District 30, and the 15 Assembly Republican holdouts would have been 14. No impasse. Exactly zero special sessions. No Supreme Court intervention. Any of half a dozen Assembly floor tax votes would have won the required super-majority and we’d have gross or net profits taxes today. Thirty-seven votes!

Ballot initiatives vent anger, but don’t build solutions. Elections can.

How do you solve public employees earning six-figure salaries? How do you increase funding for education? Change the make-up of your legislature. Given the turnover expected next year, there’s never been a better time to get personally involved. Run for office, spend time or money electing a friendly legislator or three. Yes, it’s old fashioned ninth-grade civics stuff. But there’s never been a more opportune time.

Scott Craigie
Scott Craigie served as Governor Bob Miller’s Chief of Staff through three regular legislative sessions. He currently is a legislative lobbyist representing numerous business interests.