Governor/SOS/AG agree: No ballot alternative to margins possible

UPDATED BELOW WITH STATEMENT FROM SEN. MICHAEL ROBERSON AND FRIENDS, REAFFIRMING (THEY SAY) LEGISLATIVE SUPREMACY:

 

That's the gist of an exchange of letters I have obtained and posted here.

Some good reading.

Bye bye mining tax alternative.

Hello, margins tax campaign.

Unless the Legislature passes a tax package.....

 

ROBERSON ET AL STATEMENT:

 

Senators Roberson, Kieckhefer, Hardy, Brower, Hammond and
HutchisonReaffirm Constitutional Authority of the Legislature
History has demonstrated that separation of powers is
fundamental to our system of government under the Nevada
Constitution. Any attempt by the executive branch to usurp legislative
authority in areas specifically reserved to the legislature--including the
various means by which legislation may be approved or rejected--is
inappropriate and constitutionally suspect. With these principles in
mind, we have reviewed the legal arguments of the Office of the
Governor, which boil down to about a page of legal analysis. We have
also reviewed the half-page response of the secretary of state’s office
containing no legal analysis after spending one business day
considering the opinion offered by the governor’s office. The secretary
of state refers to “consultation”with the attorney general’s office, but
presents no legal analysis from the attorney general.
We remain highly confident in the legal opinion of the Legislative
Counsel Bureau,which has analyzed legislative and constitutional
arguments for decades for both Republican and Democratic legislators.
LCB’s opinion that the Legislature is not required to take specific
legislative action to reject the margins tax initiative is carefully
researched, well reasoned, and persuasive. Indeed, LCB has specifically
stated in response to the executive branch’s recent position, “if the
Legislature proposes and passes a competing legislative measure under
Article 19, Section 2(3), all state executive branch officers must presume
that the competing measure is constitutional, they musttreat it as a
valid legislative measure and they must perform their constitutional and
statutory duties based on that presumption unless and until the judicial
branch declares otherwise.” (Emphasis added.)

 

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