See you in court, governor

by Thomas Mitchell

So, the governor is confident that the extension of the modified business tax rate will withstand a legal challenge, according to both the Las Vegas newspaper and the online Nevada Independent.

“We’ve got legal opinion from LCB (Legislative Counsel Bureau) that, you know, a simple majority is what’s needed,” Gov. State Sisolak was quoted as saying Tuesday. “I’ve been in government for 20 some-odd years, and if you don’t trust your attorneys, you’ve got a problem. So I’m confident that the attorneys gave us a good opinion. We’ll move forward from there.”

Be prepared to move back, governor, by nearly $100 million in your budget for the next two years — the budget that promises 5 percent raises for teachers.

Republicans have promised a legal challenge if the business tax was extended without a two-thirds majority of both houses as prescribed by the Constitution. The tax extension passed the Senate on a party line vote of 13-8, one vote shy of two-thirds.

Voters in 1994 and 1996 amended the Nevada Constitution to state “an affirmative vote of not fewer than two-thirds of the members elected to each House is necessary to pass a bill or joint resolution which creates, generates, or increases any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates.”

The modified business tax passed in 2015 by a two-thirds vote of lawmakers contained specific language saying the rates would be reduced in 2019 if tax revenues exceeded a certain level, which they have.

But the compliant LCB told the majority Democratic lawmakers and the Democratic governor, “It is the opinion of this office that Nevada’s two-thirds majority requirement does not apply to a bill which extends until a later date or revises or eliminates a future decrease in or future expiration of existing state taxes when that future decrease or expiration is not legally operative and binding yet, because such a bill does not change but maintains the existing computation bases currently in effect for the existing state taxes.”

The bill clearly “generates” revenue that two-thirds of the lawmakers in 2015 said would decrease as of July 1, 2019.

The state Constitution is not something to tamper with. Republicans should take it to court and make the Democrats abide by the rules, even if it means a special session would have to called. In fact, the GOP lawmakers should go directly to the state Supreme Court for an opinion that would binding, unlike the LCB opinion “that future decrease or expiration is not legally operative and binding yet …”

Asked nearly the same question in 2011, 2013 and 2015, the LCB said a two-thirds vote was necessary. So, governor, when do you trust your attorneys?

Gov. Steve Sisolak, right, talks to reporters about legislative session. (R-J pix)

Source: See you in court, governor

Group signals recall effort of Gov. Sisolak over gun legislation

Nevada Governor Steve Sisolak delivers his first State of the State address from the Assembly Chambers of the Nevada Legislature in Carson City, Nev., Wednesday, Jan. 16, 2019. (AP Photo/Tom R. Smedes)
June 3, 2019 – 3:55 pm

A conservative group has formed a recall committee to attempt to kick Gov. Steve Sisolak out of office, a nascent effort largely motivated by fear of losing rights under recent gun control legislation.

Fight for Nevada, based in Elko County, registered with the secretary of state’s office on May 6. The group’s president, Angela Blass, said Monday that the “state will become dangerous” under policies championed by Sisolak, the new governor.

It was “sort of this deep gut feeling that something has to be done,” said Blass, 41, who works as an assistant administrator for a fuel company. “We can’t allow this. And also, it scared the hell out of me.”

On Saturday, a gun control bill that would ban bump stocks and enact stricter gun storage provisions and a “red flag” provision enabling authorities to seize guns from those deemed a threat to themselves or others was sent to Sisolak’s office. The next day, Fight for Nevada held its first major rally in Carson City.

The group is opposed not only to gun control legislation, but to wasteful spending and attempts to make Nevada a sanctuary state, according to its website.

“In the final hours of the legislative session, Governor Sisolak remains focused on his priorities for Nevada families — funding our schools, expanding access to health care, and fighting for a safer Nevada,” Sisolak spokeswoman Helen Kalla said Monday when asked to respond to the group’s effort.

Blass moved from California about two years ago; she said she was not politically involved until now and insisted that her group tries to be bipartisan. But she also said she witnessed the consequences of Democratic leadership in California and lamented that Nevada appears to be heading down a similarly liberal path.

She claimed there are about 8,000 members in the group and said they expect to begin signature-gathering efforts by November. Organizers say they will need 242,950 signatures of registered voters who cast a ballot in the gubernatorial race last fall to launch a recall election.

Source: Group signals recall effort of Gov. Sisolak over gun legislation

https://www.facebook.com/groups/386055352220090/

https://www.facebook.com/recallsisolak/

https://www.facebook.com/groups/ConcernedVotersNorthernNV/


Upcoming Rallies
6/16/2019 Elko Rally

The Elko Rally has been moved to the 16th. There is going be speakers, a raffle and a lot of supporters! Come down and make your voice heard! Sheriff Aitor, Merecedes Mendive and Thelma Homer will be there.

1pm14810 Hwy 227 Spring Creek, NV

Estuary Park

06/22/2019 Winnemucca Rally

 Location: Winnemucca boulevard between McDonald’s and the pig BBQ restaurant on the sidewalk. Parking is available in the lot beside AutoZone. We can gather in the AutoZone parking lot to consolidate before starting the March.   Regroup at pioneer Park at the gazebos near the restrooms at 2:00pm-? for public speakers.   Speakers are: Angela blass: Fight for Nevada Aitor Narvaiza: Elko sheriff Joshua Schmitt: 3% Legion Militia 

12pm1:30pm

Winnemucca boulevard between McDonald’s and the pig BBQ restaurant on the sidewalk.

Nevada AB291 – Rules Suspended, Bill Completely Changed and Passed by The Senate.

AB291 was sent to the Governor late Friday, May 31st, 2019.  The bills final Senate version looks very little like what was passed out of the assembly earlier this month. After suspending the rules, the Senate amended the bill and added the verbiage from two other bills that never made it out of committee, giving them a life they were not supposed to have.  Red Flag and Gun Storage Laws were added to replace all of the Preemptive State Gun Law that was removed.

May 20, 2019 by associated press  CARSON CITY, Nev. (AP) — Gun control group Everytown for Gun Safety says it supported a proposal at the Nevada Legislature that would have allowed counties to pre-empt state gun laws and pass stricter firearm regulations but it became clear that the measure could not pass this year in the face of opposition.

The proposal was part of a broader gun bill moving through the statehouse but the bill's sponsor, Democratic Assemblywoman Sandra Jauregui, released a statement Friday saying she was removing the provision at the request of Everytown and other groups. The provision is expected to be replaced with language creating a so-called "red flag" law allowing police or family members to seek an order to seize guns from people who appear violent or may post a danger. 

Everytown deputy press secretary Zoe Sheppard says "there is a real path" to pass a red flag law in Nevada "that can save lives right away. She says Everytown will try again in the future to pass legislation allowing counties to set their own gun control regulations.

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Saturday, June 1st, Second Amendment supporters rallied with members of the Nevada Republican Assembly Caucus in Carson City as well as Las Vegas.


Briefing in Pahrump water order appeal filings complete

The briefing in the appeal case regarding Nevada State Engineer Order #1293(A) has reached its conclusion.

The documents for all parties involved are now undergoing the process of screening by the Nevada Supreme Court, which will decide whether or not to move the case forward and hold a hearing to allow for oral arguments.

In addition to the Nevada State Engineer’s Office, which is the appellant, and Pahrump Fair Water, the respondent, a third party has joined the battle as well. The Nevada Groundwater Association requested leave to file an amicus brief, taking the side of Pahrump Fair Water in the argument, and the Nevada Supreme Court has granted that request.

The water order has been the source of much contention since it was originally issued in December 2017.

The order restricts the drilling of new domestic wells in the Pahrump Valley unless two acre-feet of water rights have been relinquished in support of the well. For some Pahrump property owners, water rights were already relinquished when their parcels were initially created. However, for many others, this is not the case and the order requires these property owners to first purchase water rights and relinquish them back to the state before they can drill a domestic well on their land.

Pahrump Fair Water, an organization composed of local property owners, well drillers and real estate agents, filed suit to put a stop to the water order. After several months of legal maneuvering, a judge with the Fifth Judicial District Court rendered a ruling in November 2018 in favor of Pahrump Fair Water and overturned the water order.

That was far from the end of the matter, however, as the Nevada State Engineer’s Office took its opportunity to file an appeal, which is the case now before the Nevada Supreme Court. While the case is being considered, the Supreme Court has issued a stay on the ruling that overturned the water order, meaning at the moment, the order is still in effect.

The basic argument between the engineer’s office and Pahrump Fair Water stems from the question of just how far the state engineer’s authority extends when it comes to domestic wells.

Pahrump Fair Water asserts that the engineer does not have the power to regulate domestic wells except in very specific circumstances, which the organization argues do not exist in the given situation. The state engineer, conversely, proclaims that the engineer’s office can, in fact, restrict domestic wells and withdrawals from such if the engineer finds that it would be in the best interest of the health of the overall water basin to do so.

There are several other points argued by both sides in the briefs filed in the case, including those regarding due process requirements and whether potential new domestic wells constitute a vested property right or protectable interest.

Now the case has reached a “wait and see” point, as there is no definite schedule for when the Nevada Supreme Court might decide to hold a hearing in the matter.

“There is really no way to tell,” David Rigdon of Taggart and Taggart, LTD, the law firm representing Pahrump Fair Water, stated when asked about a possible time line for the case. “I’ve seen the screening process take as few as 45 days and as long as seven to eight months. It all depends on their workload. In the order approving the stay, the court stated that they wanted expedited briefing… However it’s not clear whether the court will expedite its screening and review.”

The appeal is filed under Case No. 77722. All associated documents can be reviewed online at www.nvcourts.gov

 

Contact reporter Robin Hebrock at rhebrock@pvtimes.com

Call to action on AB 95

The Nevada Legislative Session is has just three weeks remaining until it comes to a close and the fate of hundreds of bills depends upon the decisions made in these final days.

In a email sent out May 14 to area residents with a deep interest in local water resources, Nevada Assemblyman Greg Hafen II urged the community to reach out to Nevada Senators and ask them to vote “no” on one particular bill, Assembly Bill 95.

The bill calls for changes to Nevada water law that many have been pushing back against. It would require the Nevada State Engineer, “…to continue to allow withdrawals of groundwater from domestic wells under certain circumstances in groundwater basins where withdrawals have been restricted to conform to priority rights,” according to the bill language.

The bill dictates that domestic wells would be allowed to continue pumping half an acre foot of water it times of curtailment but only if the owner installs a water meter. The idea of water meters is something Pahrump residents have been extremely resistant to for years. Many have also argued that the state engineer does not have the authority to curtail domestic wells at all, a belief that is current under debate in a lawsuit between the engineer’s office and Pahrump Fair Water.

A bill very similar to Assembly Bill 95 was before the Nevada Legislature in 2017 and after the public outcry, it ultimately failed to pass.

“I rise today in opposition to Assembly Bill 95. Assembly Bill 95 tramples over 100 years of Nevada water laws to the detriment of all water users,” Hafen stated from the Assembly Floor on May 14. “We heard from many Nevadans during the bill’s hearing about the negative effects of the bill. There was not one person or organization in support.”

“Currently, domestic wells in my district are already only using an average of half an acre foot per year,” Hafen continued. “Conservation is the key to solving Nevada’s water issues and this bill does nothing to promote conservation, but does have a financial burden to well owners by requiring them install a meter. I urge my colleagues to vote ‘no’ on Assembly Bill 95.”

Details on the bill and a list of all Nevada Legislators along with their contact information can be found online at www.leg.state.nv.us

— Robin Hebrock, Pahrump Valley Times

Source: Briefing in Pahrump water order appeal complete