High court to rule on two bills

Monday, July 9, 2001 | 10:25 a.m.

CARSON CITY -- The Nevada Supreme Court says it will rule "forthwith" on the legality of two legislative bills that would allow big business to look for cheaper sources of electricity and to permit counties to raise fees on such things as marriage licenses and recording documents.

The court heard arguments Friday and took the cases under submission. The key issue in both cases is whether the legislation was passed during the regular session, which ended last month, or after the constitutional deadline.

The Constitution says the Legislature must end its session at midnight Pacific Standard Time on the 120th day of the session.

Lawmakers at the regular session were not able to process more than two dozen bills by 12 a.m. Pacific Daylight Time on June 5. Attorneys for the Legislature initially said they had an extra hour, because the Constitution specifies Pacific Standard Time.

The lawmakers took the extra hour and approved a number of bills, most of which were passed again during a special session of the Legislature convened to complete redistricting.

Kevin Powers, principal deputy legislative counsel, told the court Friday the law is ambiguous. The court, he said, should rule that the true meaning of the deadline is the time that appears on the clock.

Justice Bob Rose noted there was specific mention in the Constitution of Pacific Standard Time, indicating that should be the deadline that was followed. But Powers argued the statutory time "means the time everybody follows in their daily lives. It means the time on the clock."

Justice Cliff Young noted that lawyers for the Legislature initially said there was an extra hour to pass the bills. Now those lawyers are arguing it was not legal to use the hour between 12 a.m. and 1 a.m. for the bills, Young said.

Power replied the lawyers for the Legislature had more time to study to research the issue.

But Leif Reid, attorney for major casinos, mining operations and big utilities, said the court must abide by the "plain words" in the Constitution that set the deadline as Pacific Standard Time.

Reid urged the court to issue a writ to force Legislative Counsel Brenda Erdoes to transmit the bills to the governor for his signature.

The two bills, plus more than 20 others, were included on the agenda of the special session by Gov. Kenny Guinn to clear away any legal cloud because they were passed between midnight and 1 a.m. on June 5. But the two, which required two-thirds votes, failed to gain passage because of a dispute over reapportionment.

Reid, his co-counsel Harvey Whittemore and Andrew List, who represented the counties, also argued that the 120-day limit doesn't start until after the opening day of the session. The Constitution, said List, says the Legislature must adjourn 120 days following the commencement of the session.

That means the first day should not be counted, he said.

Justice Myron Leavitt did not seem persuaded. He noted when he was a district judge, he sentenced people to prison and the penalty took effect immediately. He added that the Legislature takes action on the opening day, such as passing the bill for money for the session.

The energy legislation permits big casinos and mines to apply to the state Public Utilities Commission next year to seek its electric supplies from companies outside Nevada Power Co., and Sierra Pacific Power Co. That would allow them to try to find cheaper sources of power.

The other bill permits increases in county fees to pay for domestic violence programs, update technology in the recorders office and help foster children make a life of their own.