Teachers Re-File Margin Tax Initiative Petition With Secretary Of State’s Office

CARSON CITY – The Nevada State Education Association has re-filed its margin tax initiative petition with the Secretary of State’s office and will now begin collecting signatures in an effort to take the measure to the Legislature in 2013.

The revised petition removed a provision requiring taxpayer information to be posted publicly on the state Department of Taxation’s website after Judge James Wilson ruled Monday its inclusion violated a “single-subject” rule for such measures.

Photo courtesy of the National Archives and Records Administration via Wikimedia Commons.

Gary Peck, executive director of the association, said Monday that the group is confident the revised margin tax proposal will withstand any further legal challenges.

The new petition, filed Tuesday, seeks to levy a 2 percent tax on companies making gross revenues in excess of $1 million a year. The association was waiting until Wilson’s ruling before circulating petitions to gather the necessary signatures to take the measure to the Legislature next year, and then to the voters in 2014 if lawmakers failed to act.

The petition was challenged in court by the Committee to Protect Nevada Jobs, which argued it violated the single-subject rule. The committee also argued the 200 word description of effect of the proposal was inadequate.

Wilson ruled the description of effect was proper and rejected the committee’s arguments.

Other challenges to the singe-subject rule raised by the Committee to Protect Nevada Jobs were also rejected by Wilson.

Teachers are seeking the new tax to bring in as much as $800 million a year for public education.

The group has until Nov. 13 to collect can collect 72,352 signatures to take the measure to lawmakers. The Legislature would then have 40 days to approve the proposal or it would go to the voters in 2014.