Nevada Mining Tax Cap Amendment (2012)

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The Nevada Mining Tax Cap Amendment did not make the 2012 ballot in the state of Nevada as an initiated constitutional amendment. The measure would remove a mine tax cap in the Nevada Constitution if it is sent to the ballot and enacted by voters. The tax cap had helped pass the constitution in 1864, at a time when the economy was struggling in the new state of Nevada.

During April 2012, Las Vegas businessman Monte Miller, leader of the initiative, stated that he would not move the initiative forward because of lack of support.[1]

Support

The following is information obtained from the supporting side of the measure:

  • According to Monte Miller, a Las Vegas businessman who was leading the ballot initiative effort: “This initiative is not a tax increase. It simply raises the cap on mining taxes and leaves the issue on whether to raise the tax in the hands of the Nevada Legislature and governor.”[2]

Lawsuits

See also: List of ballot measure lawsuits in 2012

Nevada Mining Association v. Nevadans United for Fair Mining Taxes

The Nevada Mining Association filed a lawsuit in state court in Carson City during late-February 2012, attempting to block the measure from the ballot. The association stated that the measure was misleading and failed to describe the consequences to Nevada's overall tax structure if enacted by voters.[3]

On March 14, 2012, District Judge James Wilson ruled that the initiative could proceed to collect signatures as written. Wilson, while dismissing arguments made by the Nevada Mining Association, stated: "The court concludes [the measure's language] is not clearly invalid."[4] The case has been appealed to the Nevada Supreme Court.

  • Documents in the appeal can be found here.

See also

References