Lawmakers begin final week of ‘99 session

Monday, May 24, 1999 | 11:12 a.m.

CARSON CITY -- Bills that ban discrimination in employment against gays and reimburse homeowners who are the victims of shoddy construction won final approval Saturday in the Legislature, which begins its final week today.

Assembly Speaker Joe Dini, D-Yerington, said the lawmakers should have no trouble completing their business by May 31, the deadline of Nevada's first 120-day limited session. Lawmakers were hoping to finish by Friday so they don't have to return after the weekend.

The Assembly on Saturday agreed to Senate amendments to Assembly Bill 311, which prohibits discrimination in employment because of a person's sexual orientation. The Senate, in passing the bill 13-8 Thursday, included a section excluding tax-exempt organizations from the requirement.

The bill goes to Gov. Kenny Guinn, who plans to sign it, according to his Chief of Staff Pete Ernaut.

Assemblyman David Parks, D-Las Vegas, the only openly gay member of the Legislature, said there's no federal law providing similar protection. There were failed efforts in the Senate to tie the state law to a federal act.

The Assembly also accepted Senate amendments to Assembly Bill 636, which allows homeowners to recover up to $30,000 if defects are discovered and not repaired by the contractor.

The bill is part of a package of legislation to further protect residents. It requires home builders pay a yearly fee of $100 to $250, depending on the size of their business.

Homeowners who felt the work on their house was faulty could apply to the state Contractors Board for reimbursement from the fund to correct the errors.

Homeowners could still sue and collect a judgment against a contractor. If the contractor went bankrupt or fled the state, the resident could turn to the fund for reimbursement.

Assemblywoman Barbara Buckley, D-Las Vegas, who sponsored the bill, said the Senate amended the bill to clarify that subsequent owners of homes were also entitled to apply to the fund.

Annual sessionsThe Senate on Saturday approved 11-10 a proposed constitutional amendment calling for annual sessions of the Legislature.

But because of amendments, the measure would go before voters in 2002 instead of next year.

Under the state's constitution, the Legislature meets in odd-numbered years and is limited to 120 days. Two years ago the Legislature approved a resolution to allow a 45-day session in even-numbered years. Both sessions were proposed to start in March instead of February.

The earlier version of Assembly Joint Resolution 5 would have had to been approved in the same form as in 1997 to go to voters in 2000. But Senate Majority Leader Bill Raggio, R-Reno, objected to the late starting date in March.

The Senate accepted a Raggio amendment calling for the sessions to begin in February and for lawmakers to be paid for every day they serve. Currently the $130-a-day pay is cut off after 60 days, meaning lawmakers don't get any salary for the second half of the session.

Assemblyman Bob Price, D-North Las Vegas, the prime mover of annual sessions, said he would accept the amendment by Raggio. But that means the process of amending the constitution must start over. AJR5 must be approved by the 2001 Legislature to go to voters in 2002.

Price said he didn't think the change including the pay raise for lawmakers would hurt chances of passage by the voters. He said a good part of the population comes from other states where legislators are given full pay for their service.

Car ownersIn other Saturday action, the Assembly completed final legislative approval on giving car owners further protections when they take their vehicles into a garage for repairs. It approved Senate amendments and sent to the governor Assembly Bill 258, which would require garage owners to give a written estimate in cases in which the job is expected to cost more than $50.

If during the repairs the estimate is increased by 20 percent or $100, the owner must be notified to authorize the work to continue. The bill allows the car owner to waive the requirement.

It also requires garage owners, when they register annually with the state, to declare whether they will submit to binding arbitration over disputes with car owners on bills or repairs. A business that refuses must post a $5,000 bond with the state to cover any judgments a car owner may recover in a lawsuit.

Wynn art exemptionIn late action Friday, the Assembly by a 31-9 vote, approved the bill to cement a property and sales tax exemption for Steve Wynn on his $300 million art exhibition at the Bellagio on the Las Vegas Strip. The bill returns to the Senate for agreement on amendments.

Senate Bill 521 allows art galleries to charge a fee and still be eligible for the tax exemption, which critics say is worth $15 million to Wynn. After the law was initially passed in 1997, the state Tax Commission ruled the exhibit must be free to the public if an exemption is granted. That dispute between Wynn and the tax commission is in court in Las Vegas.

But the bill provides a benefit to Nevadans. They will only pay half of the $12 admission, and 60 days a year the exhibit must be free for school tours. In addition any profits from admission must be paid in taxes or given to charity.

Ethics CommissionThe Assembly also approved 40-0 Gov. Kenny Guinn's proposal to strengthen the state Ethics Commission. Senate Bill 478 gives the commission, for the first time, an executive director and a full-time lawyer. It sets a 60-day deadline for the commission to take final action, ending the long delays on decisions that have occurred in the past. The limit can be extended 30 days.

SB478, which returns to the Senate for agreement on amendments, increases the fines on errant public officials from $5,000 to a maximum of $5,000 for the first offense, $10,000 for the second offense and $25,000 for the third offense. The commission also has the power to go to court to seek removal of a public official.

Welfare computerThe Assembly approved spending another $9 million on the financially troubled state computer system of the state Welfare Division. Started in 1989 at a cost of $22 million, it has yet to produce a report and its cost has risen to more than $100 million.

Senate Bill 547, passed 40-0, allocates about $4 million to paying federal fines since the system never met its 1997 deadline for completion. The rest will go to getting the system running.

Assemblyman Morse Arberry, D-Las Vegas, said the system was in its "final stages" toward being operational. And he said there was enough blame to go around in failing to resolve this problem sooner. Lawmakers praised Guinn for personally getting involved and getting the system off dead center.

The bill goes to the governor.

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