Updates

November 12, 2019
12 Nov 2019

Political Update – November 12, 2019

Nevada Republican business tax lawsuit on hold

Geoff Dornan
Nevada Appeal

November 11, 2019

CARSON CITY, Nev. — The Republican lawsuit seeking to rule two tax bills passed by a simple majority unconstitutional is on hold until a judge decides whether LCB Legal can effectively represent the Democrats.

That issue will be argued before Carson District Judge Todd Russell November 19.

Until that question is resolved, both sides have agreed to stay further action in the case.

In the lawsuit filed in July, all eight Republican Senators charge that Democrats violated the Nevada Constitution by passing bills delaying a sunset that would reduce the Modified Business Tax and a similar sunset on the technology fee DMV is using to pay for a new computer system.

While the DMV fee is relatively small, keeping the higher MBT rate will generate generate more than $100 million Democrats and the governor dedicated to K-12 Education.

Article 4 of the Nevada Constitution says a two-thirds vote is required, “to pass any bill or joint resolution which creates, generates or increases any public revenue.”

SB551 and SB542 were passed 13-8 in the Senate, one short of that mark.

But progress toward a hearing on the issue came to a halt after Legislative Counsel Brenda Erdoes filed documents September 16 that the Republicans argue makes LCB the counsel for Senate Democrats.

That prompted an October 24 motion by the Republican plaintiffs to disqualify LCB Legal as counsel for Senate Democrats.

Republicans led by Minority Leader James Settelmeyer of Gardnerville argue LCB can’t represent one group of lawmakers against another.

“It is a violation of an attorney’s ethical duty to represent a client if a conflict of interest exists,” the motion to disqualify states. “LCB is statutorily required to represent the Legislature as a whole and members of the Legislature cannot represent one member of that legislative body against another in an adversarial action. LCB’s representation of defendants Cannizzaro and Clift is directly adverse to the Plaintiff senators in this action.”

They argue LCB Legal must be disqualified as counsel for the legislative defendants, “because a concurrent conflict of interest exists in violation of the Nevada Rules of Professional Conduct.”

LCB Chief Litigation Counsel Kevin Powers on November 6 officially filed a brief arguing that LCB has the absolute right to intervene on behalf of the Legislature.

*IMPORTANT*

Quote of
the week

 


Quote:

“It is a violation of an attorney’s ethical duty to represent a client if a conflict of interest exists. LCB is statutorily required to represent the Legislature as a whole and members of the Legislature cannot represent one member of that legislative body against another in an adversarial action. LCB’s representation of defendants Cannizzaro and Clift is directly adverse to the Plaintiff senators in this action.”

October 24th motion by the Republican plaintiffs to disqualify LCB Legal as counsel for Senate Democrats

EDITORIAL: The dramatic link between freedom and prosperity

Las Vegas Review-Journal
November 10, 2019

If you want to increase a country’s wealth and life expectancy, while decreasing its infant mortality and poverty rates, make its people freer.

Those are some of the findings in the 2019 Economic Freedom of the World Report from the Fraser Institute, a Canadian think tank. It annually compares the level of freedom in countries across the globe in categories such as size of government, property rights and access to international trade. The United States ranked fifth, up from 16th in 2016. The freest countries in the world are Hong Kong, Singapore, New Zealand and Switzerland. The least-free countries are Sudan, Libya and, in last place, Venezuela.

Keystone’s Mission:

To recruit, support and advocate for candidates for public office who support private sector job creation, low taxation, a responsible regulatory environment, and effective delivery of essential state services.

Keystone’s Mission:

• To focus on candidate support on state legislative races and the governor’s office.
• To oppose any form of corporate income taxes or other business taxes that discourage capital investment and therefore job creation.
• Support limiting Nevada state government spending to the rate of population growth.

P.O. Box 93596 | Las Vegas, NV 89193-3596

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