GOP lawmakers tell court of possible tax stalemates

Thursday, July 31, 2003 | 11:13 a.m.

CARSON CITY -- Twenty-four Republican legislators told the Nevada Supreme Court Wednesday that additional legislative stalemates over tax incrases could occur in the future.

The lawmakers want the court to reconsider and withdraw its decision that the constitutional requirement for a two-thirds approval for new taxes can be waived if it prevents the funding of the public school system. Public school funding is also mandated by the state constitution. In their final brief supporting their motion, the Republicans noted that two -thirds vote in the Constitution was meant to "place a substantial barrier in the way of a tax increase."

"The difficulty in achieving the required two-thirds vote is therefore likely to occur every time the Legislature seeks to raise taxes."

The GOP lawmakers want the court decision nullified because they fear it could set a precedent for future approval of new taxes by a simply majority. Gov. Kenny Guinn and the Legislature want the Supreme Court to deny the petition for re-hearing and let the original decision stand. They say the case is moot since the $863 million tax plan was approved by a two-thirds vote.

Supporters of the decision say this ruling applies only to the limited circumstances that occurred when 15 GOP Assembly members blocked a tax package, which included the school aid bill.

The Republicans' brief, written by Las Vegas attorney Daniel Polsenberg in conjunction with California law professor John Eastman, said there was never any disagreement over the school aid bill.

The only dispute was whether the extra money needed would be funded by a tax increase or by cuts in other government programs.

The 24 lawmakers said Guinn had declined to put the issue of spending reduction on the agenda of the special session.

The Supreme Court will rule on the request for a re-hearing later.

The GOP lawmakers are also appealing their case to the U.S. Ninth Circuit Court of Appeals with the opening brief due Aug. 29.