Editorial: A fraction can mean inaction

Thursday, June 5, 2003 | 9:08 a.m.

It seemed that a majority of both houses in the Nevada Legislature, during the regular session that ended Tuesday morning, were prepared to vote for increased taxes to balance the state budget and provide basic government services, such as education. But the requirement that any tax increase must have the support of two-thirds of the members in both the Senate and the Assembly was instrumental in killing the effort to raise taxes, including a broad-based business tax. Actually, far less than one-third of the entire Legislature can derail a tax. If in the Senate, for instance, eight of its 21 members vote against a tax increase, the measure dies even if the Assembly votes 42-0 for more taxes. So, in effect, one-eighth of the Legislature can block a tax increase, a situation directly in conflict with representative government.

The lawmakers in the minority have become emboldened in recent days. Less than 24 hours after Gov. Kenny Guinn called state lawmakers into a special session of the Legislature to pass a tax plan, Assembly Republicans indicated they're willing to force a second special session if they don't get their way on the budget. The Assembly Republicans want the opportunity to scale back the budget, something that the Republican governor isn't willing to do. The full Legislature, during the regular session, already approved a $4.9 billion budget for two years, so the governor sees no need to reopen it since it's already been signed into law.

The governor has indicated that if lawmakers don't finish their business by Friday, he's willing to send them home and not call them back for another special session until June 29. If they still can't pass enough taxes to balance the budget, then he says he is willing to shut down state government on July 1, the date the new budget year begins. Maybe then lawmakers will get the message once an outraged public demands that their government services be restored. No matter what transpires in the coming days -- or month -- one thing is certain: The supermajority requirement for passage of taxes, the brainchild of former Assemblyman Jim Gibbons, who is now a Republican congressman representing Nevada, has demonstrated convincingly what a failure it has been.