Ballot Questions 1, 2, 3
Submitted by Carson Now Reader on Fri, 10/17/2014 - 9:35am
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:
1. Raise the limit in Small Claims Court from $7500 to $25,000. More issues settled in Small Claims Court will result in fewer law suits that roll uphill to higher courts. Let more of “we, the people” settle our disputes without lawyers.
2. Raise the limit in Justice and Muni Courts from $10,000 to $50,000; fewer actions in District Court, therefore fewer actions rolling uphill to the Supreme Court.
Hold lawyers financially responsible for filing frivolous lawsuits.
Tort reform can be enacted by the Legislature, without changing the Nevada Constitution. We don’t need more courts, judges and their expensive overhead.
Vote NO on Number 1.
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Ballot Question 2, remove caps on mining taxes
You can argue endlessly about the “fairness” of existing limits on the mining taxes, and the proposed changes in the enabling legislation, Senate Bill 400 (2013).
You can stand with your jaw dropped at the claim in the legislative digest that this change in the mining tax would both produce increased revenue AND have no financial impact.
What you CAN’T argue is that there is no Nevada without the mining industry. Removing constitutional caps on their taxes is the same old politics of greed; kill the goose that lays the golden eggs -- gold and silver and every other kinds of eggs.
What you CAN’T argue is that the constant tinkering with fundamentals such as taxes is detrimental to any business. Business thrives, and therefore grows the economy and pays taxes, if the conditions are stable and predictable. This constitutional amendment would give the Legislature unlimited power to endlessly tinker with the kinds and rates of taxes they impose on this industry. The result will NOT be “fairness.” It will be the shocking revelation that even mining is not a captive industry; the miners can always go somewhere else.
Vote NO on 2.
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Ballot Question 3, the “margin tax,” a.k.a. the “education initiative.”
Although pretending to apply only to businesses with gross receipts over $1M, this 56 page monster known as IP1 (2013) imposes new, extremely detailed bookkeeping and reporting requirements on ALL businesses in Nevada. It is just a full-employment act for CPA’s, tax lawyers and armies of new tax collectors.
The proponents are so uncertain about how much revenue this tax will generate that they cover the costs of administering this new tax with a “temporary” higher tax on existing financial institutions.
But they are very certain that this additional new tax is dedicated to “education.” HUH? IP1 does NOT require more spending in the CLASSROOM, such as teacher pay, supplies, or maintenance and repair. As always, new revenues will go into the GENERAL FUND, which is allocated by the Legislature.
When I was explaining to my son, that a business is liable to the "margin" tax even if they had not actually made a "profit," he blurted out:
It's like asking a homeless man to pay property tax...!
My wife added, yes, property tax on the patch of ground he sleeps on...
Vote NO on 3.
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