LEGISLATURE OF STATE v. SETTELMEYER

No. 81924.

486 P.3d 1276 (2021)

137 Nev. Adv. Opn. 21

The LEGISLATURE OF the STATE of Nevada; The State of Nevada Department of Taxation; The State of Nevada Department of Motor Vehicles; The Honorable Nicole Cannizzaro, in Her Official Capacity as Senate Majority Leader; The Honorable Kate Marshall, in Her Official Capacity as President of the Senate; Claire J. Clift, in Her Official Capacity as Secretary of the Senate; and the Honorable Steve Sisolak, in His Official Capacity as Governor of the State of Nevada, Appellants/Cross-Respondents, v. The Honorable James A. SETTELMEYER, the Honorable Joe Hardy, the Honorable Heidi Seevers Gansert, the Honorable Scott T. Hammond, the Honorable Pete Goicoechea, the Honorable Ben Kieckhefer, the Honorable Ira D. Hansen, and the Honorable Keith F. Pickard, in Their Official Capacities as Members of the Senate of the State of Nevada and Individually; Great Basin Engineering Contractors, LLC, a Nevada Limited Liability Company; Goodfellow Corporation, a Utah Corporation Qualified to do Business in the State of Nevada; Kimmie Candy Company, a Nevada Corporation; Keystone Corp., a Nevada Nonprofit Corporation; National Federation of Independent Business, a California Nonprofit Corporation Qualified to do Business in the State of Nevada; Nevada Franchised Auto Dealers Association, a Nevada Nonprofit Corporation; Nevada Trucking Association, Inc., a Nevada Nonprofit Corporation; and Retail Association of Nevada, a Nevada Nonprofit Corporation, Respondents/Cross-Appellants.

Supreme Court of Nevada.

Filed May 13, 2021.


Attorney(s) appearing for the Case

Aaron D. Ford , Attorney General, and Craig A. Newby , Deputy Solicitor General, Carson City, for Appellants/Cross-Respondents the State of Nevada Department of Taxation, the State of Nevada Department of Motor Vehicles, Kate Marshall, and Steve Sisolak.

Legislative Counsel Bureau, Legal Division, and Kevin C. Powers , General Counsel, Carson City, for Appellants/Cross-Respondents the Legislature of the State of Nevada, Nicole Cannizzaro, and Claire J. Clift.

Allison MacKenzie, Ltd., and Karen A. Peterson and Justin M. Townsend , Carson City, for Respondents/Cross-Appellants.

BEFORE THE SUPREME COURT, EN BANC.


OPINION

Article 4, Section 18(2) of the Nevada Constitution requires the agreement of at least two-thirds of the members of each house of the Nevada Legislature to pass any bill "which creates, generates, or increases any public revenue in any form, including but not limited to taxes, fees, assessments...

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