In an attempt to correct the deficit budget last year, the Legislative Assembly adopted a law in a special meeting to 62 million dollars from Clark County clean water coalition.
The legislature and then-Gov. Jim Gibbons, the money was easy pickings. The coalition had collected money from Clark County sewer users to build a system that would send treated effluent water deep in Lake Mead, but the plan was scrubbed after the growth cone. It was therefore essentially free money to them in Carson City.
But the coalition — together with developers who paid into the Fund and local officials – protested. The money, said they were taken up for a particular purpose, and the State should not be allowed to take it to balance its budget.
They lost a lawsuit in District Court last year. Even though a judge said the legislature's move was "tantamount to legislating cannibalism", he ruled it was legal because the money was taken by a State authority which was subordinate to the State.
On Thursday, the Nevada Supreme Court reversed the unanimous decision by way of preliminary rulings, the measure was unconstitutional because it singled out the coalition. The Court considers that reverberated through Carson City since the money, which the coalition was never released, was part of Gov. Brian Sandoval budget.
The decision by lawmakers and the Governor is working to come up with an alternative plan. Sandoval has maintained against increasing taxes and has kept the Republican legislators in a row, and held the legislature from Allmusic two-thirds majority required to pass a tax. The Democrats have been pushing for a plan that would tax reapprove to expire this year, and the Court's decision may help by giving reluctant legislators — and the Governor — some political coverage.
Sandoval and legislators should not miss the larger issue at hand. The decision strikes a blow for what has been a regular in Carson City. The law gives the Government wide latitude to take the money and Sandoval, like others before him, has used that to their advantage. In its draft budget, the Governor essentially runs a shell game with a host of local funds, move funds, and borrowing against the future.
As we have said before, it is wrong to balance the budget at the expense of local governments so that a Governor and legislators do not need to address the underlying problems. The State's tax system is broke and unfair, making it possible for many companies to go virtually tax-free. As a result, not the State revenue to fund proper schools and many other services.
Sandoval, as well as Gibbons before him, acknowledge not to. Instead, they have hidden behind the platitudes about the Government tighten its belt so that they can continue their anti-Government ideology.
We cannot imagine that the judgment will drive the Governor and legislature to fix the underlying problem that the session is wrapping, but if nothing else, we hope that it will make them face the reality. They cannot keep pushing outside State problems in the future.
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