Two-thirds-vote case rejected

Monday, Jan. 24, 2005 | 11:10 a.m.

CARSON CITY -- For a second time, the U.S. Supreme Court has refused to hear a petition asking it to rule that a two-thirds vote is needed to pass any tax by the Nevada Legislature.

The court, in a brief order, rejected the suit by a group of Nevada Republican lawmakers and some citizens who have been waging a legal battle since the 2003 Legislature passed a $833.5 million tax increase.

John Eastman, director of the school of law at Chapman University in California who is representing the 24 GOP lawmakers, could not be reached for comment. But it appears the judicial battle may be at an end.

Assembly Minority Leader Lynn Hettrick, R-Minden, said, "I thought it was over a long time ago and I opted to stay away after the first ruling." But he said he thought the challenge was the right thing to do.

He noted, however, that the courts have held that the issue is moot since the Legislature eventually passed the tax with a two-thirds vote.

Sen. Bob Beers, R-Las Vegas, agreed that the courts did not take up the issue because the tax passage eventually gained the two-thirds vote. "Hopefully our Constitution is intact," he said referring to the two-thirds majority. He said he hoped the issue doesn't arise again for another 50 years.

The 2003 Assembly passed a tax bill without the two-thirds majority. But it died in the Senate. A deadlock had developed in the Legislature over taxes.

Gov. Kenny Guinn then sued in the Nevada Supreme Court asking it to compel the lawmakers to act.

Nevada voters in 1994 and 1996 ratified a state constitutional amendment that requires a two-thirds majority for new or increased taxes.

John Eastman, attorney for the 24 GOP legislators, said the ruling by the Supreme court was "not a surprise. It was a long shot."

He said the Legislature, in opposing the suit, had maintained all along that this was a one-time issue and would not be repeated.

"We are going to hold them (the Legislature) to that."