Costly Nevada Legal Fight Over Taxes Was Unnecessary

It was a senseless and futile gesture, but our Democratic lawmakers and governor were just the ones to do it.

Despite the fact Nevada voters in 1994 and 1996 amended the state Constitution to declare “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,” the 21-member state Senate approved the extension of taxes and fees that were supposed to be curbed with a 13-8 vote, one vote short of the constitutionally mandated two-thirds. Gov. Steve Sisolak signed the tax extensions into law.

The eight Republican senators who voted against the tax extensions and three companies that would have to pay the higher taxes have sued in district court in Carson City, asking the court for a temporary restraining order and a permanent injunction against enactment of the laws.

The Democrats charged ahead with tax and fee extensions after their compliant Legislative Counsel Bureau (LCB), the lawmakers’ lawyers, issued an opinion that a two-thirds vote was not necessary since the taxes were not being “raised” but merely allowed to continue at a rate that was scheduled to be reduced, paying no heed to the fact the bills in question “generate” public revenue. Asked nearly the same question in 2011, 2013 and 2015, the LCB said a two-thirds vote was necessary.

When Republicans first threatened to sue, Sisolak confidently stated, “We’ve got legal opinion from LCB that, you know, a simple majority is what’s needed. 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.”

After the suit was actually filed, a somewhat less assured Sisolak was quoted by the pressas demurring, “I remain absolutely committed to taking action if necessary following the court’s decision to ensure our schools continue to receive the total amount of funding approved by the Legislature for the … biennium.”

According to the governor’s executive budget at the end of that biennium there is expected to be a rainy day fund balance of $415.2 million, more than enough to cover the $98 million that the extension of the modified business tax rate and the $7 million that the $1 Department of Motor Vehicles technology fee extension are expected to generate.

The modified business tax extension is scheduled to begin being collected on Oct. 1 and the technology fee was set to end on July 1, 2020.

So, what was the point in pushing the constitution-ignoring legislation?

Senate Republican Leader James Settelmeyer said in a statement released to the media after the suit was filed, “We have checks and balances for a reason and eroding the two-thirds requirement is an unprecedented disregard for the constitution and creates a dangerous precedent. While there was ample money to fund education and other vital programs, Sisolak and (Senate Democratic Leader Nicole) Cannizzaro acted recklessly and their behavior created an unnecessary constitutional crisis at the expense of over 23,000 small business in Nevada.”

The lawsuit itself makes abundantly clear the stakes involved here: “This action involves an issue of of significant public and statewide importance as it seeks to uphold and protect the constitutional amendment proposed by citizen ballot initiative adopted and overwhelmingly approved by Nevada voters in 1994 and 1996. As provided in Article 1, Section 2 of the Nevada Constitution, political power is inherent in the people. Government only has power from the consent of the governed, and the residents and citizens of the State of Nevada twice voted strongly in favor of amending the Nevada Constitution to add the two-thirds requirement, and the two-thirds requirement has, at least prior to 2019, been applied consistently to legislative bills extending sunsets by the Nevada Legislature.”

The Republican senators and three companies, of course, are asking for recovery of reasonable attorney fees and costs. So, the taxpayers are likely to get stuck with all the costs from both sides.

The suit further noted that lawmakers “had enough money to fund the State’s budget without the public revenues created, generated or increased as a result of the changes to the payroll tax …”

So the passage with less than two-thirds votes was senseless, and, once the courts correctly rule that a two-thirds vote was constitutionally necessary, it will have been futile.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Nevada Legislature

Source: Costly legal fight over taxes was unnecessary


Editorial: BLM proposes firebreaks to reduce size of wildfires

The Bureau of Land Management is currently conducting a series of public hearings across the West to get input on an audacious proposal to limit the unchecked spread of rangeland wildfires.

The BLM says wildfires have increased dramatically in size and frequency in the past decade in six Western states — Nevada, Utah, California, Idaho, Oregon and Washington. During that time, 21 fires have exceed 100,000 acres. A total of 13.5 million acres have burned. Efforts to suppress wildfires by the BLM alone have cost $373 million over the past decade

“These wildfires result in increased destruction of private property, degradation and loss of rangelands, loss of recreational opportunities, and habitat loss for a variety of species, including the conversion of native habitats to invasive annual grasses,” the BLM reports. “The conversion of rangeland habitats to invasive annual grasslands further impedes rangeland health and productivity by slowing or preventing recovery of sagebrush communities.”

To counter this, the federal land agency is proposing to create up to 11,000 miles of firebreaks as a way to keep the fires from spreading into mammoth infernos, like the Martin Fire in northern Nevada this past year, which consumed nearly half a million acres of rangeland.

The draft proposal calls for fuel breaks being created along roads and rights-of-way by mowing, grazing, mechanical and chemical clearing, as well as prescribed burns. Some of the breaks could be brown strips — areas where all vegetation has been removed. Others could be green strips — areas where vegetation that is more flammable has been replaced with less flammable vegetation.

In some areas invasive cheatgrass — a perennial that grows knee high in the spring but dries out in the summer — would be replaced with native plants less susceptible to fire. Also, grazing permits could be adjusted to allow for spring time clearing of cheatgrass.

Cheatgrass and wildfires create a vicious cycle. Cheatgrass recovers more quickly than native species after a fire. Thus the more fires, the more cheatgrass. The more cheatgrass, the more fires.

John Ruhs, once the head of the BLM in Nevada and now the head of BLM operations in Idaho, was quoted in an agency press release as saying, “Fuel breaks have proven to be very effective in slowing rangeland wildfires, making them easier and safer for wildland firefighters to control. We believe that creating a system of fuel breaks will help us enhance and improve our working landscapes.”

The BLM’s principal deputy assistant secretary for land and minerals management, Casey Hammond, was quoted as saying, “Wildfires devastate forests, rangeland and communities across Idaho and throughout the West, and without strategic planning they’re likely to continue in the years ahead. With this initiative and others like it, we’re working proactively to curb wildfires’ destruction and make it safer and more effective for firefighters to protect people and property.”

Environmentalists have expressed concerns that firebreaks may fragment wildlife habitats, including that of the threatened greater sage grouse, but the fragmentation should be less threatening than a wall of flames threatening the animals’ very lives and food source.

Brian Rutledge, a vice president of the National Audubon Society, notes, “The safety of a sage-grouse is utterly dependent on its cryptic coloring and cover from overhead predators. If the birds didn’t get burned up in the fire, there’s nowhere to hide eggs in cheatgrass.” Additionally, unlike soft sage leaves, cheatgrass provides little nutrition for the species.

The BLM is accepting comments on the proposal through Aug. 5.

Scoping meetings are scheduled for 5 to 7 p.m. on July 16 at the Red Lion Inn in Elko and July 17 at the Bristlecone Convention Center in Ely.

Firebreaks would be a valuable tool in the effort to cut down the size of rangeland wildfires.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.
BLM proposes firebreaks along 11,000 miles of roads and rights-of-way.

Source: Editorial: BLM proposes firebreaks to reduce size of wildfires


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

Editorial: Give wild horse and burro plan a chance

by Thomas Mitchell

An unprecedented collaboration between various government agencies, animal welfare groups and ranchers has created a plan aimed at finally bringing the wild horse and burro population on the Western range under control.

The disparate groups include the Society for the Prevention of Cruelty to Animals, the National Cattleman’s Beef Association, the Humane Society of the United States, the American Farm Bureau, American Mustang Foundation, the Public Lands Council and others.

The plan calls for removing 15,000 to 20,000 wild horses a year from the range in the next three years, drastically increasing the use of temporary and permanent sterilization, moving horses to cheaper cost-effective private grazing land and promoting adoptions. The removal number would drop drastically as fertility control takes effect.

The Path Forward for Management of BLM’s Wild Horses & burros

 

The primary objective of this proposal is to develop an economically and environmentally viable, humane, non-lethal, and feasible long-term management plan for wild horses and burros in the American West. The current program is unsustainable and needs redirection.As of March, the Bureau of Land Management estimated that the population of wild horses and burros on federal lands is more than 81,951 — more than three times 26,690 the agency believes the range can sustain — and that population can grow 18 percent a year, the plan warns. Meanwhile, the BLM maintains 36,906 wild horses and burros in large pasture facilities, and 14,029 horses and burros in corral facilities at a cost of $50 million a year.

The plan calls from increasing the BLM’s total wild horse and burro management budget from the current $80 million a year to $130 million initially, but with cost declining as fertility control cuts population growth and horses and burros are adopted. The goal is to sterilize 90 percent of the animals on the range.

Nancy Perry, ASPCA’s senior vice president, told The Associated Press, “Not every advocate wants to engage with or work with those that they have been in battle with over the years. But BLM’s current polices are ineffective. If they continue on the road they’re on now, it means disaster.”

In fact, the AP reported that the plan has ignited fierce opposition from the American Wild Horse Campaign and Friends of Animals, groups that are already challenging in the courts earlier horse round-ups.

The American Wild Horse Campaign was quoted as saying, “The groups promoting this plan have been co-opted into supporting the livestock industry’s agenda for wild horses by the BLM’s vague promise to utilize undefined ‘population growth suppression’ methods. By mandating the removal of a startling 15,000 to 20,000 wild horses a year, the plan will result in the reduction of America’s wild herds to extinction levels.”

Despite the hysteria from the horse huggers, the plan is at least putting forward a rational effort to control the horse and burro population on the range. The plan estimates it will take 10 years to reach the population that the BLM says is sustainable. Currently the animals in many herd management areas are so overpopulated that they are starving and damaging water resources. Grazing land needed by cattle and other wild animals is depleted.

The plan also addresses the cost of keeping wild horses off the range.

“Every day, the BLM spends $1.82 per horse in long term holding pastures and an average of $4.99 per horse in corral facilities,” the plan notes. “A shortage of pasture facilities has forced the agency to use corral facilities for long term purposes — at more than twice the expense. … The agency estimates that each of those horses costs approximately $46,000 over the course of their lifetime. We propose that the BLM relocate corralled horses and burros, along with any additional removed horses and burros, to more cost-effective private pastures.”

The status quo is not acceptable. Give this plan a chance.

Wild horses being warehoused at Palomino Valley.
A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Source: Editorial: Give wild horse and burro plan a chance