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Judge rules that mining tax cap initiative can proceed

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The Judicial Update

March 15, 2012

Nevada: Nevada First Judicial District Court judge Jim Wilson has ruled that a constitutional amendment to raise the cap on mining taxes can proceed as written.[1] The Nevada Mining Association sued to change the ballot wording, arguing that the petition's description of effect was misleading and should be rewritten.[2] The group submitted alternate wording that included information about how the measure would allow for a property tax on mining proceeds that was at a different and higher rate than other property taxes in the state. Nevada Mining Association lawyers also wanted wording on the ballot telling voters that in 2011, mines paid $163 million in taxes and that the proposed initiative would authorize a tax increase of up to $294 million. A group called Nevadans United for Fair Mining Taxes is sponsoring the petition, which would raise the mining tax cap from 5% to 9% of net proceeds. Judge Wilson said that the petition language is clear and does not need to be changed. Petition supporters may proceed in gathering the more than 72,000 signatures necessary to qualify the measure for the November ballot.[1]

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