Carson judge rules against state on tax approvals without two-thirds majority
Republicans challenging approval of the extension won an early round when Carson City District Judge Tod Russell ruled in their favor today.
“Today the Nevada Citizens and the Constitution they voted for won in court when the judge said you can’t violate the two-thirds vote requirements they put into effect,” tweeted Sen. James Settelmeyer, R-Minden.
“We appreciate the District Court ruling that passage of Senate Bill 542 and Senate Bill 551 violated the Nevada Constitution,” Nevada Republican Senate Caucus Executive Director Greg Bailor said.
Nevada’s constitution requires a two-thirds majority in each house in order to raise taxes.
Among the organizations challenging the new laws were the Nevada Trucking Association, the Retail Association of Nevada, the Nevada Franchised Auto Dealers and the National Federation of Independent Businesses.
During the 2019 session, the Legislative Counsel Bureau issued an opinion that said the Legislature could extend fees that were supposed to sunset, such as the Commerce Tax, by a majority.
The lawsuit was initiated by the Senate Republican Caucus.
It is likely that the state will appeal the decision to the Nevada Supreme Court.