Gibbons plans to veto bills quickly

CARSON CITY -- Gov. Jim Gibbons won't try to create a constitutional battle between himself and the Legislature by waiting until lawmakers have gone home before he vetoes bills coming out of the current special session.

Gibbons intends to quickly veto bills like the one passed Thursday that would allow Nevada to apply for a $175 million federal education grant, his communications director Daniel Burns said Thursday.

Since Gibbons vowed to adjourn the Legislature at 11:59 p.m. Sunday and governors have five days to sign or veto bills, he conceivably could wait until Monday before following through on his pledge to veto that bill and any others he doesn't like.

With legislators gone from Carson City, they could not vote to override or sustain his vetoes until the beginning of the next regular session in February 2011.

"The governor wants to adjourn the session to save money," Burns said. "It has nothing to do with vetoes."

Lorne Malkiewich, the Legislature's top administrator, said legislators themselves want to adjourn by Sunday night, but if they cannot finish business by that deadline staff lawyers are confident they could go before the Supreme Court and justices would nullify the governor's adjournment deadline.

If legislators challenge the governor's right to adjourn them Sunday night, Malkiewich said, "we might have a constitutional crisis. But I think we all want to be done by Sunday."

Malkiewich said there have been discussions among legislators to recess the current, three-day-old special session for several days once they finish their work and then return after bills are vetoed so they can vote to override or sustain them. But they would not be necessary if the governor delivers his vetoes before Sunday.

Gibbons announced Wednesday night that he intends to veto Senate Bill 2, passed 16-5 in the Senate and 42-0 in the Assembly.

The bill repeals a 2003 state law that prevents the state from applying for a $175 million federal Race to the Top education grant.

Gibbons himself requested legislators repeal that law that prevents teachers from being evaluated on how their students perform on standardized tests.

But the bill approved by the Legislature does not say specifically that teachers can be judged on student performance, only that test results cannot be the "sole criterion" on which teachers are evaluated.

Burns contended that Gibbons' staff spoke with the secretary of the U.S. Department of Education and, with the language in the bill, Nevada's application would be ranked lower when it comes to securing the competitive grant.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.