Ten Questions (Question #3 was removed) face Nevada and Las Vegas voters on November 7. Six of these Questions will, if passed, amend our State Constitution, the most powerful, sacred document created by a State. I urge voters to be extremely cautious and practice due restraint concerning any addition of text to this most important document of the people. In general, the longer and wordier the amendment, the more cautious you should be when deciding your vote on that Question. If your looking for an in-depth look at Nevada Smoking Legislation and 2006 ballot Question 4 and Question 5 including the actual language and impact click the above text.
First, my vote recommendations...
Question 1: YES
Question 2: NO
Question 3: REMOVED
Question 4: NO
Question 5: NO
Question 6: YES
Question 7: YES
Question 8: NO
Question 9: NO
Question 10: NO
Question 11: NO
Feel free to mark your samle ballot with the above recommendations and take it to the polls when you vote. Continue reading my analysis of the ten questions.
Now for a more in-depth look at the Questions and my logic in deciding a Yea or Nay vote.
Question 1: Fund Public School before any other part of the State budget?
YES. As Zounds Off has pointed out our State currently ranks 49th in overall education in the country, with only Arizona in worse academic shape. Passage of Question 1 will simply make it less of a problem and force our representatives to face it first and foremost. The Education of our citizens at a City, County and State level is the single most important factor in determining our ability as a society to face the challenges of the future.
I don't believe this will fix our education system in Nevada and I'll leave the comprehensive analysis of this issue to Zounds Off. His formidable education and school system background makes him an expert with an informed and reasonable voice.
Question 2: Amend the Nevada Constitution "to provide that the transfer of property from one private party to another private party is not considered a public use; to provide that the property taken for a public use must be of the highest and best use; to provide that fair market value in eminent domain proceedings be defined as the 'highest price the property would bring on the open market;' and to make certain other changes to eminent domain proceeding.
NO. After several readings and consulting with some well placed friends I can say without doubt that this is one of the worst questions, both in terms of readability and actual impact to ever appear as a ballot question...anywhere. It creates substantial bureaucracy that will benefit rich, powerful land-owners who will be able to negotiate the 'highest price' from their land after it's 'mysteriously' selected for public projects. At the same time it creates a mountain of language subject to interruption that will prevent middle class property holders from effectively combating any proceedings. The eminent domain process is broken; however, it's an overdone steak and cooking it with another 400+ words of Constitutional language does nothing to address the problem, it only adds more confusing layers and makes the problem worse.
Question 3: REMOVED
Question 4: Prohibit smoking tobacco in certain public places, except all areas of casinos, gaming areas within establishments holding gaming licenses, bars and certain other locations?
NO. This is an overreaching of the government's powers limiting our freedoms and benefiting the powerful corporations and special interests. On issues like this people can, and should, use their dollars to vote rather then enacting legislation that will impact everyone without consideration. If an establishment has smokers and that offends, then don't spend your money there, boycott the establishment! We have the freedom to choose. In addition, enforcement of something this broad is an administrative nightmare that is impossible, it's protection is limited (although anyone with a gaming license is basically exempt), and it gives incredible powers to the State legislature, granting exclusive powers in regulation and enforcement.
(See also: My in-depth look at Nevada Smoking Legislation and 2006 ballot Question 4 and Question 5)
Question 5: Limit smoking Tobacco in certain public places, in all bars with a food-handling license, but excluding gaming areas of casinos and certain other locations?
NO. For the same reasons as question 4. Again, this goes against freedoms of small property owners and gives language that will greatly benefit special interests and big business. Yes this is the real smoking ban (question 4 actually expands the places people will be able to smoke), however; I find this extension of the law far more offensive then second-hand smoke.
Question 6: Amends the State Constitution to Raise the Minimum Wage?
YES. The entire society benefits when those at the lowest levels are elevated; again, this won't solve our poverty problem; however, it will ease the burden on thousand's of Nevada's poor and besides these people will spend that extra income rather then hoarding it in tax shelters, hedge funds and trusts.
Question 7: Legalize an ounce of marijuana for those over 21.
YES. Tax benefit to the State, medical value to the substance, and the added benefit of easing the burden on our local and state law enforcement agencies. The list goes on. It's been my experience that people are 'pre-decided' on this issue, but nothing makes a substance easier to control then legalization, taxation and regulation.
Question 8: Exempt the sales tax on used vehicles and farm equipment.
NO. It is estimated we'd lose $70 million in taxes to the state if this question is approved and it will, as usual, substantially benefit the wealthy and offer little benefit to middle and lower class residents. Simply put, because of the 'wealthy only' realized benefit, it's a thumbs down; but, if the farm equipment exemption were removed and a cap on the exemption set in place, say up to a $10,000 value, I'd reconsider; but, as it stands this will harm our standard of living, not help it, unless your trading in the Jag.
Question 9: Amend the State Constitution "to provide for the election of the Board of Reagents of the University of Nevada and for the gubernatorial appointment of certain members, and to specify the number and terms of the members"?
NO. We would be giving up the right to vote on positions of power in our state's higher education system and concentrate that power in the Governor which will open the door wide to cronyism and an abuse of unilateral power.
Question 10: Amend the Constitution to change the provisions regarding special sessions of the Legislature to provide that a special session may be convened by a petition signed by two-thirds of the legislatures of each house; to limit the duration of special sessions to 20 days; and to limit the matters which may be considered in a special session?
NO. Expansion of the power of a governing body to include self governance is an open invitation to heinous abuse of power. Give the State Supreme Court this power, let it stay with the Governor who can call special sessions at the behest of the people, but don't place this power in the hands of the legislators themselves.
Question 11: Shall the Nevada Constitution be amended "to provide for the payment and compensation to members of the legislature for each day of service during regular and special sessions and to provide for the payment of reasonable allowances to legislators for postage, newspapers, telecommunications, and stationary.
NO. The limitations on the payments to legislature members serve two purposes. First, it encourages a timely resolution of government matters; and second, it prevents over-compensation of the already well compensated. If there were substantial limitations on the ability of special interests groups and lobbyists to line the pockets of our legislators this would be a fair compromise; but as it stands, it would be a tax-payer money sink benefiting only a select few representatives.
Please feel free to offer your comments and thoughts. Our current state of the state is far too important to ignore. Read carefully what I've outlined and if you agree then mark your sample ballot accordingly and take it to the polls when you vote. Most importantly, vote!
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