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Conflicting legal advice pushes withdrawal of Referendum
November 7, 2013 Professional Journal

Naabi debating referendum for Healthy Dine’ Nation Act.

DELEGATE DAVID TOM
Is this tax also going to be on Food Stamps?

DELEGATE DANNY SIMPSON
I support giving voice back to people but I don’t want Department of Justice and Legislative Counsel calling legislation our of order if goes to Referendum.

LEGISLATIVE ATTORNEY RON HAVEN
referendum sets what can and what can’t and public health is responsiblity of government. Under section 104 mandates that health, safety, law & order not allowed for referendum. This bill drafted for Council action and if change to referendum then you prefer ballot language and don’t have here. that is one of issue but election board has some of that power. Under section 407 need correct ballot language if challenges to election. Also money. Where get money? Also need budget and you need to ID who is resonsible for educating. My advice is keep as Council matter and I advise against referendum.

DELEGATE DANNY SIMPSON
Food stamps raised by Delegate Curley and impact of this sales tax. But now when use Food Stamps, there is no tax.

DELEGATE JONATHAN NEZ
Appreciate guidance from attorneys and how do I state to make nicer. Department of Justice helped me with amendment language and now legislative counsel giving different interpretation. Council did opposite way and prez signed into law. The referendum would be scheduled in a year so there is whole year to identify funding and answer all questions. And the debate wud be kept alive. And we don’t want to just be a cartoon in the Navajo Times.
So I’ll withdraw motion to make legislation better.

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