Amodei, Care call for dismissal of suit

Monday, July 7, 2003 | 9:21 a.m.

CARSON CITY -- Sens. Mark Amodei, R-Carson City, and Terry Care, D-Las Vegas, were the first legislators to respond to a lawsuit filed by Gov. Kenny Guinn against the Legislature.

Amodei and Care said Thursday that they think the Nevada Supreme Court should dismiss the suit in which Guinn seeks an order for the Legislature to pass a school aid bill and a tax bill to balance the budget.

Guinn "should allow the people's representatives to perform the functions of the Legislative branch without further interference," the lawmakers' statement said.

The two senators called Guinn's suit an "attempt to discard an entire branch of government through resort to the court." They called it a "sad note."

The full Legislature must answer Guinn's petition for a writ of mandamus by 5 p.m. today.

Amodei and Care said the state constitution does not require the Legislature to enact a tax bill by July 1, the start of the fiscal year. They said the tax package can be passed after the school aid bill is approved.

The Legislature passed a partial $3.2 billion budget to finance government and the University and Community College System of Nevada. Still pending is a bill for $1.6 billion for aid to public schools during the next two years. When that is passed, a tax of about $869 million must be approved to balance the state's budget.

The Amodei-Care response said the problem of the unbalanced budget was caused, at least in part, by Guinn's "own negligence, in obstructing the promulgation of objective and revenue policy by the Nevada Legislature."

They said Guinn's suit should be thrown out because the governor already has a remedy -- keeping the Legislature in session to enact a tax bill. In addition Guinn has a mistaken understanding of the rights and obligations of each of the branches of government, the senators said.

Legal decisions in other states should require the Nevada court to "allow the legislative process to continue unassaulted by the political impatience and mandates of those in or affiliated with the executive branch," Amodei and Care said.