Las Vegas Review-Journal

Expect surprises as dust settles

- Jane Ann Morrison

The 2015 Legislatur­e is over. Now we wait for the unintended consequenc­es to creep out of the ooze like a crocodile looking for a bite-sized child.

We didn’t have to wait for the name-calling; that began while the Legislatur­e was still in session. GOP legislator­s who refused to cling to dogma and actually (horror of horrors!) changed their minds and (horror of horrors!) followed the GOP governor’s lead to raise taxes were tagged with the contemptuo­us RINO — Republican in Name Only.

The reality is, when bills are rushed through at the end, and sometimes even before, there are unintended consequenc­es.

Sen. Tick Segerblom’s 2013 medical marijuana dispensary bill is a case in point. There were so many problems with Senate Bill 374 two years ago that local and state government­s couldn’t readily sort out the conflicts and confusion. And medical marijuana establishm­ents are not yet available two years later in Nevada.

Segerblom didn’t intend the mess that emerged from his bill, so it falls under the category of unintended consequenc­es. His 2015 medical marijuana dispensary cleanup bill, SB276, is now awaiting the governor’s signature. (His medical pot for pets bill, SB372, whimpered to an early demise without a hearing.)

Some bills may be discovered to have consequenc­es that were intended — by lobbyists. With this particular Legislatur­e, with so many inexperien­ced lawmakers lacking government experience of any kind, clever phrasing is likely to end up tricking some. Add that to the bills that certain

Look at bills that got little scrutiny

lawmakers didn’t read before they voted, or perhaps didn’t understand if they did read it, and that created more unintended consequenc­es. Or consequenc­es that a clever attorney can use for an advantage.

I can’t remember the number of times I’ve read legal documents asking one essential question: What was the legislativ­e intent? And it wasn’t clear from the record. Not the minutes, not even the bill itself. Often the Nevada Supreme Court must wrestle with this question.

The Supremes aren’t above engaging in legislativ­e hanky panky.

Nevada Appeal reporter Geoff Dornan discovered some judicial gamesmansh­ip. When the three-person appellate panel was passed in 1997, it included language saying the seven-person Supreme Court would drop from seven to five justices.

But, as Dornan pointed out, on Day 119 of the 120-day session, language was put into the appropriat­ion bill, repealing the 1997 “savings” of about $500,000 for the two justices and their staffs.

There will still be seven justices’ jobs, three appellate justices and no savings.

I don’t have a problem with that; I have a problem with how it was handled. The sneak factor.

The hope was that it wouldn’t be noticed. Finance Chairman Ben Kieckhefer, R-Reno, told Dornan, “We did nothing illegal.”

No one said you did, but the way it was handled certainly fell way outside the realm of transparen­cy. It was underhande­d.

The majority of bills already signed into law failed to get extensive attention because, rightfully so, the controvers­ial bills and the budget bills, and the education package soaked up much of the coverage.

Yet the bills with less scrutiny may impact you, your business or your family. It’s worth it to click on this link and check out whether a bill changes something that interests you: https:// www.leg.state.nv.us/Session/78th2015/ Reports/governor.cfm

Plenty of bills that received extensive news media attention went nowhere. Assembly Bill 405, the bill requiring that parents be notified if their underage daughter seeks an abortion, died. So did “campus carry,” allowing students to pack heat on college and university campuses, if they had concealed weapons permit.

Then there are the bills Gov. Brian Sandoval might veto. Here’s that link: https://www.leg.state.nv.us/ Session/78th2015/Reports/vetoed.cfm

He hasn’t vetoed any 2015 bills yet. But he has 10 days after the session ends, excluding Sunday, so June 12 is his last day to veto.

Sandoval isn’t shy about using his veto power.

In 2013, he vetoed 17 bills, including the highly controvers­ial one involving NV Energy, AB391, advocated by his close advisers. In 2011, he vetoed 18 bills. So, the game is still afoot for those struggling to kill bills. At this point, there is no resurrecti­on, the only action left is to kill a bill through the governor’s veto. The bill that seems the most vulnerable to death by veto at this point is the one to plan splitting the Clark County School District into five districts, AB394.

Is there any wonder a murder mystery set in the Nevada Legislatur­e is just one of my novel ideas? Maybe with a subplot involving the Nevada Supreme Court. Jane Ann Morrison’s column appears Thursdays. Email her at jmorrison@reviewjour­nal.com or leave a message at 702-383-0275. Find her on Twitter: @janeannmor­rison

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