State budget deal gains momentum with education reform votes

CARSON CITY – The Democrat-controlled state Senate late Monday used last-minute legislative maneuvers to pass education reform measures favored by Republican Gov. Brian Sandoval, signaling negotiations to approve a two-year budget deal are advancing.

Shortly before a midnight deadline for bills to gain "second house" passage, the Senate voted 18-3 and 20-1 in favor of Assembly Bills 225 and 229.

The two bills contained hastily added amendments that beefed up reform proposals favored by Sandoval, who is looking to compromise with Democrats to salvage a budget deal just days after the Nevada Supreme Court blasted a major hole in his $6.1 billion proposed general fund plan.

The bills, which already had moved through the Assembly, were amended and voted on shortly after legislative leaders returned from a meeting with Sandoval at the capitol.

The lawmakers and the governor have been in talks since Friday but negotiations appeared to have gained steam, especially Monday.

"Everything we are doing is marching in the same direction," said Assemblywoman Debbie Smith, D-Sparks, who championed the education bills in the Assembly. "We need to have some good faith."

In a tweet shortly after the vote Sandoval, who rarely commits in advance to signing or vetoing bills, wrote he would "look forward to signing (the education reforms) when they reach my desk."

One of the highlights of the reforms includes changes of the "last in, first out" procedures school districts use for teacher layoffs.

The amended bill stated "the decision to lay off a teacher or an administrator must not be based solely on the seniority of the teacher or the administrator," and added job performance and demand for the position to the list of criteria.

"These two bills form what is probably the base of all the reforms we are talking about," said Sen. Mo Denis, D-Las Vegas, before the senate voted.

Sen. Mike Schneider, D-Las Vegas, however, criticized what he characterized as a haphazard process of education reform to meet a tight budget deadline.

"I realize it is tied to the budget but it is a joke," Schneider said, adding that Nevada should spend more money on education to improve results. "This is just another attempt at tearing education up."

Sandoval months ago submitted to the Legislature a far-reaching education reform bill of his own, Assembly Bill 555, but the bill failed to gain traction and the governor didn’t make a strong public push.

Instead, Sandoval focused on keeping Republicans in line with his promise to oppose any new tax increases, including an effort by Democrats to delay the scheduled July 1 expiration, or sunset, of about $679 million in existing taxes.

The governor’s focused changed, however, when the state supreme court ruled the 2010 move by the Legislature to swipe $62 million from the Clean Water Coalition in Clark County was unconstitutional.

Sandoval, a federal judge, read the ruling and determined it called into question about $657 million in his budget, prompting him to change course and negotiate with Democrats on extending the so-called sunset taxes.

Although the education bills suggest a budget deal is close at hand, hurdles remain.

Disagreement remains over whether Democrats will meet government spending reforms demanded by Republicans in exchange for delaying the sunset date.

One prominent sticking point is the issue of construction defect liability.

Republicans, particularly in the Assembly, want a portion of state law that guarantees fees for attorneys even if the contractor isn’t at fault.

Democrats say the law has nothing to do with the budget, but Republicans aren’t eager to back off.

"Hell yeah, I’m fighting for that tooth and nail," said Assemblyman Ira Hansen, R-Sparks.

A Republican senator who didn’t want to comment on the record said he was skeptical Democrats would deliver enough reform on education, collective bargaining, construction defect liability and public employee benefits to win votes for taxes from Republicans who promised to oppose extending the sunset date.

"I’m not optimistic there are going to be real reforms," the senator said. "That could be a sticking point."

Contact reporter Benjamin Spillman at bspillman@reviewjournal.com or 702-477-3861.