Lawsuit challenges Nevada law limiting petitions
CARSON CITY -- Longtime Southern Nevada lawyer Kermitt Waters has filed a lawsuit that challenges a state law limiting petitions to a single subject, with a goal of then circulating a petition that would fundamentally change taxation and how money is spent by the Legislature.
"This will fix the road problems in our state and provide plenty of money for schoolteachers," said Waters, whose petition that prevents governments from using eminent domain to acquire private property and turn it over to another private ownership was approved by voters in 2006.
"It will provide for a desalination plant instead of taking water from rural Nevada. It will develop wind and solar energy and reduce people's electric bills to zero."
He proposes abolishing property taxes on all owner-occupied, single-family residences and charging a 20 percent mining tax.
The gross receipts of mining tax rate now is 5 percent.
Waters also wants to charge a 1 percent to 6 percent gross receipts tax on business income.
The rate would vary depending on the revenue received by the business.
His proposal also would establish a court of appeals and provide up to $10,000 a year in incentive pay to teachers of math, science and computer literacy courses and $5,000 extra pay for other teachers.
Funds also would be earmarked for road building projects and for solar and wind projects and for the development of water sources.
Waters largely has remained out of the limelight since his eminent domain constitutional amendment was approved.
He was rebuffed in an attempt to increase gaming taxes and circulate other petitions because of a law requiring petitions to be limited to a single subject. That law and repeated legal challenges largely have prevented any groups from qualifying initiative petitions for the past six years.
His lawsuit has been assigned to District Judge Jerry Wiese in Clark County, and no hearing date has yet been scheduled. But if he wins, Water said he will ask Wiese to grant him more time to collect the required 72,324 signatures to put the matter before voters in the November election.
The law requires these signatures to be collected by June 19.
Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.
