margin tax

PK O’Neill vs. the facts (excepts from his newsletters)

Issue 1: Representation; Leadership vs. Serving the People

PK O’Neill’s candidacy for reelection raises serious questions about pragmatism, principles, integrity, the role of a representative, what it means to be a Republican, what it means to be conservative, what it means to represent your constituents and what it means to govern.

The elections in November 2014 were a great surprise to many and shock to some. The people swept all Democrats out of the state-wide offices, reversed the majorities in both houses of the Legislature, and by a 4-to-1 margin defeated the "margin" tax. We the Republican base were looking forward to restoring long-overdue sanity at the State level.

Well, as Nevadans, we are collectively now stuck with a new tax. It's name? Commerce Tax. (A Clever disguise for the recently defeated Gross Margin Tax?) Up until a few days ago, it was believed that this wouldn't pass. I have yet to see any real media explanation of the details, so, after reading the text of the bill enough times (SB483), while my head is still spinning, I will attempt to give you a little more of the picture.

Ballot Question 1, creating a Court of Appeals

The problem is that the Nevada Supreme Court is overwhelmed by appeals. But the proposed fix, detailed in Senate Bill 463 (2013), does not address the fact that the Court has no authority to decide which cases it will hear. Instead, Nevada must be just like everybody else, a “government of, by and for lawyers.”

Both problems have a simple, quintessentially conservative solution, proposed by Gary Schmidt, recently a candidate for State Senator from district 16 -- Tort Reform:

The plain news is that Tesla motors sealed a deal with Nevada to locate a major new plant in Reno. You'd think that would be good news, with major investment and thousands of permanent jobs for the area. People should be cheering. But it comes in exchange for major tax breaks. That’s the bad news. So, instead of cheering, some people are turning on the Governor and others. Some, like the Nevada Policy Research Institute (NPRI) are raising policy, legal and constitutional issues.

Four Nevada legislative candidates who hope to represent Carson City took to the microphone Wednesday night at the Carson City Chamber of Commerce candidate forum.

Each touted their qualifications, noting their conservative credentials and their commitment as Republicans to tackle a legislative body dominated by southern Nevada Democrats.

A FORUM for PARENTS, STUDENTS, TEACHERS, and CONCERNED CITIZENS

THE COMMON CORE CONTROVERSY, CONCERNS, COSTS
All you need to know about COMMON CORE's impact on K‐12 Students

TUESDAY, MAY 27, 2014
4:30 PM ‐ 7:30 PM
Nevada Room, Governor's Mansion, 606 Mountain Street, Carson City

PANEL of SPEAKERS

LANCE IZUMI, J.D., Senior Fellow, Pacific Research Institute
Author of “Obama's Education Takeover; Not as Good as You Think.”

Title:
The Shortcomings of COMMON CORE STATE STANDARDS.

Anybody remember the lyrics to the Wizard of Oz song about the Yellow Brick Road?

“You’re off to see the Wizard, the Wonderful Wizard of Oz. You’ll find he is a Whiz of a Wiz if ever a Wiz there was. If ever, oh ever, a Wiz there was the Wizard of Oz is one because. Because, because, because, because, because. Because of the wonderful things he does. You’re off to see the wizard, the Wonderful Wizard of Oz.”

The 2012 education PISA* rankings indicate that the USA came in at 25th for math, 14th for reading and 17th for science out of 30 countries with only three of those countries spending slightly more money per pupil than America. Yet the mantra for more money, benefits and taxes for education continue just as it has for the last sixty years. If more money will solve the education problem then why hasn't it ever worked in the last sixty years?

As a matter of law, the Nevada state constitution requires a balanced budget. As a matter of economic law and history, raising taxes will never balance a budget. It never has and never will. If a budget cannot be balanced without tax increases, it will never be balanced afterwards. The reason is simple, raising taxes decreases tax revenues and strangles growth. Many Nevada taxpayers believe that our legislators seek to redistribute our tax dollars to buy votes or political power rather than serve the public good.

CARSON CITY – A Carson City District Judge today ruled an initiative petition being circulated by teachers to levy a 2 percent tax on companies making gross revenues in excess of $1 million a year to raise money to support public education is invalid.

In his ruling, Judge James Wilson found that the description of effect used to explain to voters the intent of the petition is incomplete.

CARSON CITY – A Carson City District Judge today heard the latest challenge to a teacher-backed initiative petition that seeks to levy a 2 percent tax on companies making gross revenues in excess of $1 million a year to raise money to support public education.

But Judge James Wilson did not immediately rule on challenges to the “Education Initiative” filed by the Committee to Protect Nevada Jobs.

CARSON CITY – The Committee to Protect Nevada Jobs has filed a new lawsuit against a revised margin tax initiative petition sought by the Nevada State Education Association for violating a prohibition requiring such measures to focus on a single

CARSON CITY – Carson City District Judge James Wilson today ruled a teacher-backed proposal to impose a margin tax in Nevada cannot go forward because it violates a “single-subject” rule for such measures.

CARSON CITY – Carson City District Judge James Wilson heard arguments today but delayed ruling on whether an initiative petition filed by the state teachers association to raise an estimated $800 million a year for education via a new margin tax is too flawed to go forward.

Wilson said after a brief hearing that he will issue a decision “as soon as possible.”

CARSON CITY – The Committee to Protect Nevada Jobs filed a lawsuit today against the “Education Initiative” (margin tax Initiative) charging that that the petition’s description of effect is deceptive and incomplete and that it violates the single-subject rule.

The complaint was filed in Carson City District Court.

CARSON CITY – The Nevada Taxpayer’s Association has identified several concerns with an initiative petition to impose a margin tax on Nevada businesses filed by the state teachers union, including the title.

CARSON CITY – Two Democrats seeking to succeed Steven Horsford in the 4th Senate district in Clark County disagreed today in a televised debate on a business margin tax sought by teachers to fund public education.

CARSON CITY – A business margin tax initiative petition filed with the Secretary of State’s office won’t see signature gathering efforts start right away because a legal challenge to the proposal is expected, a teachers union official said today.

CARSON CITY – State AFL-CIO leader Danny Thompson said today his labor group is moving forward with a broad-based business profits tax ballot measure to raise money for education.

Thompson, interviewed on the Nevada NewsMakers television program, said the proposal will go forward as a petition to amend state law, which would first be considered by the Legislature in 2013. If the Legislature did not approve the measure within 40 days, it would go to the voters in 2014.

CARSON CITY – Gov. Brian Sandoval said today he will propose to extend a package of taxes now set to expire in June 2013 into the next budget to avoid further cuts to education, which he said cannot withstand further reductions.

To maintain a basically flat spending plan for the two-year budget that will begin on July 1, 2013, Sandoval said the modified business tax that was maintained at a higher rate for large businesses in the 2011 legislative session, along with a small increase in the sales tax, must be continued.

CARSON CITY – A conservative Nevada think tank today published a guide for policymakers and the public on issues ranging from the state spending to public education to tax policy.

The 88-page sourcebook, called “Solutions 2013” is a compilation of research and policy recommendations from the Nevada Policy Research Institute addressing 39 different subject areas.

CARSON CITY – Long-time political consultant and former state lawmaker Pete Ernaut said today that efforts to use the ballot box to set tax policy could handcuff the ability of the governor and Legislature to make critical decisions on the future of the state.

CARSON CITY – Gov. Brian Sandoval said today he opposes the initiative petitions filed by Las Vegas businessman Monte Miller to raise gaming and mining tax rates.

“I believe initiative petitions are a poor way to set tax policy,” Sandoval said when asked about the measures that could eventually go before Nevada voters. “I’ve advised Mr. Miller, who is a friend, that I do, respectfully, oppose the petitions.

“For an issue of that import I think it is critical that it would be debated at the legislative level and not be of the initiative petition process,” he said.

CARSON CITY – Las Vegas businessman Monte Miller said today he is seeking a hike in the gaming tax for the state’s largest casinos to offer the Legislature and voters one more revenue option in the face of a possible Texas-style margin tax that could appear on the ballot.

CARSON CITY – The Sandoval administration is pursuing two paths in an effort to resolve a potentially massive budget shortfall, seeking clarification from the Nevada Supreme Court on the case that created the issue and working with lawmakers on potential additional revenues should they be necessary.
Dale Erquiaga, senior adviser to Gov. Brian Sandoval, briefed a number of interested parties on the developments since the state’s high court dropped the potential budget bombshell on the Legislature yesterday.

CARSON CITY – Memo to Nevada lawmakers: If you don’t finish up your work on June 6 as the constitution requires, don’t expect Gov. Brian Sandoval to call you back to work right away in a special session.

By Sean Whaley
CARSON CITY – Legislative Democrats unveiled the elements of their highly anticipated tax plan today, saying they will work every day until the end of the session to craft a proposal that restores many of the cuts in Gov. Brian Sandoval’s budget without choking off a nascent economic recovery.