Tuesday, March 15, 2005 | 1:43 a.m.
CARSON CITY, Nev. - Nevada lawmakers may amend an ethics-in-government proposal because of concerns about a bill that could help an online auction business run by Sen. Sandra Tiffany.
Tiffany, R-Henderson, has proposed SB55, easing requirements for advertisers to hold a broker or dealer's license to sell cars under certain circumstances. Tiffany, who doesn't hold a dealer's license, has a contract with the state's purchasing division to advertise the sale of unclaimed and surplus property, including surplus government vehicles, on eBay.
"I'm the advertising company," Tiffany said. "That's all I do. I take the picture, write the description and handle the e-mails."
The bill would allow advertisers to earn a percentage of the sales price on vehicles sold, something that currently requires a license. Under the state contract, Tiffany now earns a flat fee of $350 for every vehicle advertised and a varying percentage on other surplus property.
Tiffany, who can make up to $10,000 under the state contract, said she would not benefit from the bill and does not need it to continue operating her business as she currently does. She said her arrangement and the bill are unrelated issues.
"I do not need a license. That's why I said this bill has nothing to do with whether I can conduct business or not," she said. "It just finally clarifies it so someone else down the line, it makes it easier for them, the next guy."
But some of Tiffany's fellow lawmakers are concerned that her business, along with her sponsoring the bill, creates the appearance of impropriety. They are considering amending an ethics bill to tighten conflict-of-interest laws.
"Maybe we can amend something that would tighten up the conflict-of-interest laws because right now if you just declare a conflict you can still vote if it doesn't affect you any differently from anybody else," said Senate Minority Leader Dina Titus, D-Las Vegas.
"I think it just perpetuates the public's negative image of legislators and makes them feel like politicians are in it for themselves as opposed to looking out for the public interest," Titus said.
Venues for an amendment could include a bill from Sen. Steven Horsford, D-North Las Vegas, which would prohibit public officers and employees from using government time, property and equipment for political campaigns. SB162 will be heard in Senate Legislative Operations and Elections on Tuesday.
Tiffany's bill was approved by the Senate Transportation and Homeland Security Committee last week and the committee chairman, Sen. Dennis Nolan, R-Las Vegas, said he stands behind the "yes" vote of the committee.
"I think that if we felt that there was a strong conflict with this particular legislator moving this bill forward and that it was only going to affect her that the bill would not have passed the committee with a unanimous vote," he said.
Tiffany was issued a cease and desist order by the DMV on Jan. 6 because she was unlicensed but was taking as payment a percentage of the sales price of vehicles she was advertising in a separate agreement with North Las Vegas. Troy Dillard, administrator of the compliance enforcement division for the DMV, said that Tiffany worked with the DMV to make sure she was compliant and that to the best of his knowledge she is following the law.
Tiffany said she stopped taking the percentage, and setting the opening auction price, immediately.
"I have every license that I'm supposed to have," Tiffany said, adding that she has Clark County licenses to sell clothes and surplus property and a Clark County advertising license for the car sales. "It requires no state license," she said.
The contract between Tiffany and the state to advertise sales of Nevada's surplus and unclaimed property began in February and will expire in June.
Tiffany also has said her agreement with the state does not violate a law that prohibits legislators from doing business with the state. She said she got a legal opinion from the Legislative Counsel Bureau that cleared the way and also went through the attorney general's office.
"I was very clear about everything. I told everybody everything about how I got there, why I got there," she said, adding, "Those are the processes you are supposed to go through."
State Purchasing Administrator Greg Smith said he will likely not continue the program, with Tiffany or anyone else, because it did not produce the extra revenue anticipated. He said only a few of the dozen cars sold through Tiffany got more than the $2,000 or $3,000 payment the state usually gets at a live auction.
Smith said Tiffany has submitted an invoice to the state for a little more than $5,000, which includes a $94-a-car fee Tiffany had to pay to eBay up front.
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