Miller vetoes pool measure

Friday, July 18, 1997 | 9:14 a.m.

CARSON CITY -- Gov. Bob Miller has vetoed a bill aimed at protecting homeowners who contract for construction of swimming pools.

Assemblyman John Lee, D-Las Vegas, sponsor of the legislation, responded to the governor's veto. "The consumers got the short end of the stick," he said.

Altogether Thursday, Miller signed 61 bills into law and vetoed only the swimming pool bill as he completed the task of reviewing all the legislation passed by the 1997 Legislature.

In his veto message on the swimming pool bill, the governor said:

"Instead of helping Nevada's consumers, Assembly Bill 512 may reduce the number of pool and spa contractors, thereby reducing consumer choice and undermining healthy competition.

"(The installment payment plan in the bill) places onerous financial demands on pool and spa contractors that could threaten their viability by forcing them to assume an unreasonable level of financial risk.

"I am against over-regulation at a time when government at all levels has recognized the problems attendant to the over-regulation of commerce, which, in the long run, only increases cost to the consumer."

Lee expressed bitterness over the veto.

"People with more money than the consumer were able to make a case to the governor," Lee said. "Maybe from day one we never had a chance, not knowing who had the influence in the executive office."

Lee suggested that Southern Nevadans who have problems with swimming pool contractors in the future should call the governor.

Although Miller said the contractors were not consulted on the bill, Lee countered that they had testified before legislative committees. He also pointed out the bill was amended by the Senate Commerce Committee after contractors complained about a required soils test.

AB512 would have prohibited contractors from collecting more than $1,000 or 10 percent of the cost of the pool as a down payment. After excavation and installation of the steel and the plumbing, another 30 percent would be paid. And there were staggered payments after that until the project was completed.

Homeowners in Southern Nevada have complained that they have hired and paid contractors, only to end up with a big hole in their back yard and the pool never being completed. At least two swimming pool contractors have filed for bankruptcy.

The bill would have required the contractor to provide a schedule of completion dates and no delays were allowed in excess of 30 days.

"Justice wasn't served," Lee said. "It breaks my heart. I went up there (Carson City) to protect the consumer, the working man and the small businessman. They don't have any representation. After six months, this is all thrown in my face."

The swimming pool problem in Southern Nevada hasn't been solved with this veto, Lee said.

Miller did, however, sign bills to protect the rights of an estimated 400,000 to 500,000 Nevadans who live under homeowner associations and to establish the Southern Nevada Strategic Planning Authority.

SB314 stops homeowner associations from foreclosing on a property for nonpayment of a fine and requires those who buy into these units to have extensive information. The bill was sponsored by Sen. Mike Schneider, D-Las Vegas, who said petty differences between homeowners and associations sometimes escalated into full-scale wars.

The bill also imposes a small annual charge on homeowners who pay more than $500 in fees a year to support a new office of ombudsman under the state Real Estate Commission.

The strategic planning authority, sponsored by Sen. Jon Porter, R-Boulder City, creates a 21-member committee to study the growth needs of Clark County and to report to the 1999 Legislature. It must review master plans and determine if there is money available to meet the demands of growth over the next 20 years in Southern Nevada.

The governor signed AB419, which gives a tax break of up to $2 million a year to the casino industry, which has had a running dispute with the State Gaming Control Board over how to account for complimentary chips given to good players in the clubs.

There were other tax break bills approved by Miller. Under SB450 by Sen. Kathy Augustine, R-Las Vegas, companies that provide free child care or give vouchers for child care are entitled to an exemption on their business tax.

There's an exemption on the personal property tax for companies that produce electrical energy through solar technology. AB256, by Sen. Dina Titus, D-Las Vegas, is aimed at encouraging companies that use the sun to generate power to locate at the Nevada Test Site.

Miller signed SB365 by Sen. Ray Rawson, R-Reno, giving better breaks to senior citizens on the state's property tax assistance program. It boosts the income a person can earn up to $21,500 to qualify for the tax benefit. The old law set the top limit of income at $19,100.

Also approved was SB233 that allows the state Commission on Economic Development to give tax benefits to new or expanded firms that pay high wages.