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Supreme Court to hear "legislative cannibalism" case

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April 20, 2011

Nevada: The Nevada Supreme Court is considering whether the Legislature has the authorization to relocate funds earmarked for other projects to compensate the $2.5 billion shortfall in the state's $5.8 billion spending plan.[1]

Clark County District Court Judge David Barker ruled in December that the budget move was "tantamount to legislative cannibalism" but was still legal, because the money was taken from a political subdivision subordinate to the state.[1]

The Clean Water Coalition, formed in 2002, has said re-purposing funds set aside for other programs sets a bad precedent. This ruling would affect Nevada's options for dealing with deficits for years to come.[1]

This issue came up in the Supreme Court after Republican Governor Brian Sandoval proposes balancing the 2011-2013 state budget by dipping into various pots of designated money, including the use of construction bond debt reserves to pay school operating expenses and a proposal to divert hotel room tax earmarked for schools to the general fund.[1]

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