Attorneys get more time to study argument over two-thirds vote

Thursday, July 24, 2003 | 9:46 a.m.

CARSON CITY -- Attorneys for the Legislature have more time to decide how to respond to the effort to get the Nevada Supreme Court to withdraw the decision that undercut the constitutional requirement for a two-thirds vote on new or increased taxes.

A separate group of 24 Republican members of the Legislature has asked the court to reconsider its decision and to withdraw the opinion, now that the tax plan has been approved by a super majority.

The court Wednesday granted lawyers representing the Legislature as a whole extra time to answer the request for the rehearing. They must decide which course the full Legislature will take.

Lorne Malkiewich, director of the Legislative Counsel Bureau, said Wednesday it will probable urge the court to declare the issue moot since the $836 million tax plan was passed by the two-thirds required.

Attorney General Brian Sandoval could not be reached for comment on how he will respond to the rehearing request on behalf of Gov. Kenny Guinn who filed the initial suit to force the Legislature to act.

Daniel Polsenberg, a Las Vegas lawyer representing the 15 Assembly members and nine Senators, has urged the Supreme Court to withdraw its opinion so it cannot be used as precedent in the future.

"This so-called crisis can be repeated any time the Legislature funds education last and joins funding for education with tax increases," said Polsenberg. "Left on the books, this court's opinion will only encourage manipulation of the legislative process in future sessions."

One of the 15 Assembly members -- John Marvel of Battle Mountain -- switched sides at the last moment and voted for the tax package giving it the necessary two-thirds 28-14 margin.

Of the nine senators asking for a rehearing, six voted for the tax package. They were Mark Amodei of Carson City, Warren Hardy II of Las Vegas, Mike McGinness of Fallon, Dennis Nolan of Las Vegas, Dean Rhoads of Tuscarora and Maurice E. Washington of Sparks.

Sen. Ann O'Connell, R-Las Vegas, abstained because her husband is a bank president and there is a bank tax in the plan. Voting against the bill were Sens. Sandra Tiffany, R-Henderson, and Barbara Cegavske, R-Las Vegas.