Justices’ queries please senator in ethics case

By David McGrath Schwartz, Cy Ryan

Tuesday, April 21, 2009 | 2 a.m.

Trying to predict how the Nevada Supreme Court is leaning based on the questions justices ask during oral arguments is often a fool’s game. But Sen. Warren Hardy, R-Las Vegas, was smiling after Monday’s hearing.

The issue: Hardy, backed by the Legislative Counsel Bureau, argued that the Nevada Ethics Commission has no jurisdiction over legislators. The Ethics Commission — despite being formed by a bill passed by the 1985 Legislature — is a part of the executive branch. Thus it would be a violation of the separation of powers provision for one branch to have oversight over another branch.

Adriana Fralick, legal counsel for the Ethics Commission, started her oral arguments by saying, “This case is about whether Sen. Hardy is immune from a citizen complaint to the Commission on Ethics.” Then the Supreme Court started in with tough questions.

Justice Ron Parraguirre pointed to the state constitution, which gives the legislative branch power to oversee its members’ bad behavior.

Justice Nancy Saitta asked, “If you’re allowed to delegate constitutional authority, where does it stop?” She wondered what would prevent the executive or legislative branches from thinking they had ethical oversight of judges.

Geddes responded that the legislation passed because the Legislature “seemed gun-shy about going after their own.”

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A bill to provide free immunizations to some uninsured children narrowly survived a test vote Monday in the Senate.

Senate Bill 233 would provide more than $400,000 over the next two years for state and local health agencies to immunize uninsured children under age 4 and not on state assistance. Those who administer the shots could be reimbursed under the bill.

Opposition arose over an amendment to prohibit manufacturers of immunizations from charging more than 15 percent over the rate charged by the federal Centers for Disease Control and Prevention.

Senate Minority Leader Bill Raggio, R-Reno, called the amendment price control. “It is unusual for us to put price controls on a product.”

On a standing vote, 11 senators, mostly Democrats, voted for the amendment. The bill will be sent to the Senate Finance Committee for debate on money for the free inoculations.

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A bill to require owners of mopeds to register their vehicles with the state and buy insurance has been sidetracked in the Senate. Senate Bill 309 was due for final passage Monday but was shunted off to the Senate Finance Committee.

The legislation would require moped owners to pay a $33 annual registration fee. Riders of mopeds and electric scooters would be required to wear helmets. The bill also would require a dealer who sells a motorcycle to inform the purchaser he must register with the state, hold a valid motorcycle driver’s license and wear protective headgear, glasses, and goggles or face shields. Opponents of the bill Friday complained the requirements would do away with a method of low-cost transportation.

The bill was sent to the Finance Committee because the state Department of Motor Vehicles would have to register the vehicles if it passes.