Valley’s growth likely to be hot topic for 2001 Legislature

Tuesday, Sept. 5, 2000 | 11:18 a.m.

The effect of Southern Nevada's growth will likely dominate the 2001 Legislature's agenda, people from throughout the political spectrum are predicting.

Home construction lawsuits, the structure of regional land-use planning, air quality and environmental protection are already among bills proposed for the upcoming session, which begins in January.

Paul Brown, Southern Nevada director of the state's Progressive Leadership Alliance, said the issues -- and the contentious division between the Senate and Assembly -- will likely be a replay of the 1999 session.

"I think it will be almost a mirror image of last time," Brown said. Absent a significant shift before the Nov. 7 election, the Democrats should hold the Assembly and the Republicans should hold onto the Senate, he said.

The divided Legislature will likely be asked once again to handle the thorny issue of construction defect litigation, people with the Southern Nevada Home Builders Association say.

That again will be a replay of the 1999 session.

Irene Porter, association president, said the 1999 compromise bill that strengthened the State Contractors Board failed in one important area: Contractors still do not have the unfettered right to repair problems in a house after they are discovered by homeowners.

She said that too often, construction defect attorneys are advising their clients to avoid repairs in favor of large settlements or trial awards.

The association is asking members to contribute to a $500,000 war chest to lobby the legislators in 2001.

State Sen. Mike Schneider, D-Las Vegas, in 1999 introduced legislation that would make it tougher to sue construction companies for problems in new homes. That bill failed in favor of the compromise giving the State Contractors Board more authority to investigate construction defects, require repairs and punish offending companies.

But Schneider has promised more legislation to make it tougher to sue. He argues that a flood of unwarranted lawsuits is choking the state court system.

The Nevada Trial Lawyers Association, however, fought Schneider's bill to a standstill in 1999, and promises to do the same again.

"They haven't given the compromise a chance to work," said Cal Potter III, a Las Vegas attorney and association president. "The way to stop construction defect litigation is to build quality homes."

Despite earnest saber-rattling from the home builders and Schneider, however, Potter doesn't believe that legislation to limit the ability of homeowners to sue has a serious chance of getting far.

"I don't think there is a big appetite to hear it again," he said.

The home builders, Realtors and legislators also promise a slew of bills that could affect impact fees, taxes on developers for park construction and other government revenue levied on developers.

"Every one of us will be watching those like crazy," said Gary Coles, president of the Greater Las Vegas Association of Realtors. Coles and home builders argue that those impact fees, which go to paying for utility extensions, fire and police stations and other municipal needs, raise home costs.

That particularly hurts low income housing, they say.

Other growth-related issues likely to be on the table next January include a "discussion of regional planning," said State Sen. Dina Titus, D-Las Vegas.

Efforts to strengthen the regional planning process led to creation of the Southern Nevada Regional Planning Coalition, which is made up of leadership from Clark County and cities within the county. But the coalition generally serves as an advisory body only.

Titus said she would like the coalition of similar agency to have some real authority.

"I wouldn't be surprised to see that revisited," said Titus, who also has proposed a bill to create buffer zones around environmentally sensitive areas such as the Red Rock Canyon National Conservation Area.

Environmental issues will be discussed. Clark County government has proposed, once again, a bill to create emissions control program for diesel vehicles. A diesel emissions control program died in the Legislature in the last session in the face of opposition from trucking companies and businesses that depend on surface freight.

Changes to the structure of the regional air pollution control agency, now under the auspices of the Clark County Health District, also have been proposed by Clark County. Proposed changes to the Air Quality Division are under discussion by several local and state agencies.

Many of the bills to be debated in the next session are likely to be bills that deal with substantive, sweeping changes, said Lorne Malkiewich, director of the Legislative Council Bureau, which takes requests and drafts the bills for consideration.

Sept. 1 was the last day for the executive branch of the state government or local entities such as Clark County to propose new bills. Legislators and legislative committees can propose bills until mid-December, Malkiewich said.