State Supreme Court denies rehearing for ballot question

The Nevada Supreme Court on Tuesday refused to reopen its decision on the so-called property owners' bill of rights.

The court ruled Sept. 8 that the initiative petition designed to make it harder for government to condemn and take private land should remain on the November ballot. In its 5-2 decision, the court edited the ballot question, removing portions it said go beyond policy, which voters are allowed to control, into administrative territory belonging to elected boards and commissions.

But it left intact the core of the petition - strengthening property owners' rights in condemnation cases.

Opponents filed for a rehearing arguing the changes effectively make the question an entirely new ballot question. Therefore, they argued, voters didn't sign the petition they are now being asked to vote for or against; and, therefore, it doesn't strictly adhere to the constitutional requirements for qualifying petitions to get on the ballot - the same logic the court used to remove the Tax and Spending Control initiative.

Opponents also argued the question violated the single-subject rule for initiative petitions - which was the argument put forth by the two dissenters in the case, Justices Bill Maupin and Jim Hardesty.

In its order issued Tuesday, the court voted unanimously to deny a rehearing of the case, ending the battle over what is and is not on the Nov. 7 statewide ballot.

There will be 10 questions on the ballot. They are:

Question 1 - Education First

Requires that public education funding be approved by the Legislature before other state budgets are approved.

Question 2 - Nevada Property Owners' Bill of Rights

Gives private property owners in Nevada more power when state or local governments condemn their property under eminent domain.

Question 4 - Responsibly Protect Nevadans from Second-Hand Smoke Act

Bans smoking in most public places, except for stand-alone bars and hotel rooms.

Question 5 - Clean Indoor Air Act

Restricts smoking in many public places, but exempts most casinos and places where children are not allowed.

Question 6 - Raise the Minimum Wage for Working Nevadans Act

Raises the minimum wage in Nevada by one dollar to $6.15 an hour. Also ties future increases to the rate of inflation.

Question 7 - Regulation of Marijuana Initiative

Legalizes and taxes personal use of marijuana and directs the state to allow stores which provide marijuana to Nevadans of age. Increases penalties for distributing to minors.

Question 8 - Sales and Use Tax

Would exempt farm machinery and vehicles purchased for use in agriculture from sales taxes.

Question 9 - Board of Regents

Would change the Board of Regents from a 13-member-elected board to a board consisting of three elected members - one from each congressional district - the the rest would be appointed by the governor.

Question 10 - Legislators Call Special Session

Would allow the Legislature to call itself into specials session. At present, the constitution only allows the governor to call a special session.

Question 11 - Legislators Paid Every Day of Session

At present, legislators are paid salary only for the first 60 days of session - the original limit for legislative sessions in the Constitution. This measure would recognize that modern legislative sessions are capped at 120 days, and would pay lawmakers for each day actually worked, including days worked during a special session.

• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.

On the Net

For a history on how these questions have made it to the ballot, go to:

www.sos.state.nv.us/nvelection/int_ref/QuestionsThatHaveQualifiedforthe2006Ballot.pdf