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2-Minute Preview: Construction defects, same-day voter registration, ending Read by 3 retention on deck

Michelle Rindels
Michelle Rindels
Riley Snyder
Riley Snyder
Legislature
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A major looming legislative deadline on Friday has state lawmakers scurrying to hear and pass a wide variety of bills, ranging from revisiting restrictions on construction defect lawsuits, ending mandatory retention for students who cannot read by the third grade and a major election omnibus bill that would allow for voters to register and cast a ballot on an Election Day.

Lawmakers will also hear details of a proposed constitutional amendment to end the election of judges, mandatory training for police on avoiding racial profiling, creating a tax on property sales or transfers to pay for affordable housing in Clark County and allowing in some cases an individual to be convicted based on a confession alone.

Unless otherwise exempted, legislative rules require a bill to be passed out of committee by Friday to continue moving through the legislative process.

For more information on the status of bills working their way through the Legislature, check out The Nevada Independent’s bill tracker. And for the bills in committee today, check out the Legislature’s website for committee times and links to watch live committee meetings and floor sessions.

Here is what to watch for on Tuesday at the Legislature:

AB421: Construction defects

Members of the Assembly Judiciary Committee will discuss AB421, which will change the definition of construction defects and reignite one of the biggest policy fights of the 2015 legislative session.

The wide-ranging bill amends the definition of construction defect, removes requirements that any individual bringing a construction defect claim be present when identifying each alleged defect, eliminates restrictions on bringing defect claims beyond items rejected by homeowner’s insurance, substantially extends the statute of limitations to bring a claim and allows for recovery of attorney’s fees in any construction defect case.

The hearing promises to highlight simmering conflicts between trial lawyers and the state’s construction industry, stemming from a 2015 bill pushed by legislative Republicans that sought to crack down on frivolous and expensive litigation over construction defects. Democrats strongly opposed the bill at the time, and have indicated that a reversal will come this session.

The committee meets at 8 a.m.

Public safety, education budget closings

A joint Assembly/Senate budget subcommittee will finalize parts of the Department of Public Safety’s budget, including accounts for dignitary protection, homeland security and post-prison re-entry programs.

A separate joint subcommittee focused on education will close budgets on accountability and testing, anti-bullying initiatives and career and technical education programs.

Both subcommittees meet at 8 a.m.

SB438 & SB439: Convictions on a confession alone; higher penalties for unlawful possession of a firearm

Members of the Senate Judiciary Committee will review SB438, which specifies circumstances in which someone could be convicted of a crime with no evidence beyond a confession.

The bill says that a confession alone could be grounds for a conviction if the defendant is being accused of driving under the influence, domestic violence or elder abuse. It says the court must consider whether the defendant had the opportunity to commit the crime and the method of interrogation used to extract it.

The committee will also discuss SB439, which raises the penalty for prohibited people — such as those convicted of misdemeanor domestic violence or a felony — having a firearm. Existing law specifies that violating the law is punishable by one to six years in prison, but the bill would raise the penalty to six to ten years if the person has unlawfully had the firearm previously or is convicted of a crime of violence using the prohibited firearm.

The committee meets at 8 a.m.

AB478, AB416: Racial profiling training for police, reducing government powers to collect overdue fees

Members of the Assembly Government Affairs Committee will discuss AB478, which expands the list of topics on which law enforcement officers must be trained each year.

The bill, sponsored by Democratic Assembly Speaker Jason Frierson, requires at least 12 hours of continuing education each year for officers on topics including racial profiling, mental health, implicit bias, de-escalation and firearms.

They’ll also review AB416, a bill that would scale back the options governments have to collect delinquent fees from defendants. It prevents them from suspending a person’s driver’s license over an unpaid fee or to report them to a credit rating agency.

The bill also specifies that fees be written off as uncollectible if, after five years, it’s still impractical to recoup the money. The measure was brought on behalf of the Committee to Study the Advisability and Feasibility of Treating Certain Traffic and Related Violations as Civil Infractions.

The committee meets at 8:30 a.m.

AB289, AB304, AB168: Ending mandatory retention in Read by Grade 3, mandatory student-teacher ratios, restorative justice

Lawmakers on the Assembly Education Committee will take up AB289, a bill that proposes to end the mandatory retention requirement for students who cannot read at grade level by the end of third grade. The retention provision was part of Gov. Brian Sandoval’s Read by Grade 3 program launched in 2015 that provides additional resources to improve literacy.

The bill also specifies that grants to schools for Read by Grade 3 would be non-competitive. Under the current system, districts compete against each other and could lose out on money from year to year.

They’ll also review AB304, which would strengthen state law on student-teacher ratios. Existing law calls for nonbinding recommendations about student-teacher ratios, while this bill — sponsored by Democratic Assemblywoman and schoolteacher Brittney Miller — would require the state school board to set maximum ratios that are achieved by the 2028-2029 school year.

Schools that don’t stick to the ratios would have to pay teachers extra if they’re teaching in a larger-than-allowable class.

Committee members are set to vote on five different measures on Tuesday, including AB168, which requires that schools implement a plan of “restorative justice” before expelling or suspending a student.

The committee meets at 12:30 p.m.

AB465, AB485: Affordable solar, electric foot scooters

Members of the Assembly Growth and Infrastructure Committee are scheduled to hear details of a bill that requires electric utilities in the state such as NV Energy to offer a subsidized and affordable solar access program to low-income individuals and businesses starting in 2020.

If approved, the measure would set various requirements on the scope and requirements of the plan and requires it to be approved by the state Public Utilities Commission.

They’ll also hear AB485, which allows local governments to regulate and apply fees to electric foot scooter-sharing companies such as Bird or Lime.

The committee meets at 12:30 p.m.

SB474: Raising the bar for a driver’s license

The Senate Growth and Infrastructure will vote on SB474, which requires learner’s permits for drivers from 18 to 20 years old and raises the number of supervised driving hours learners need to log before they are eligible for a driver’s license.

The committee meets at 1 p.m.

SB448, SB421: Affordable housing tax credits, office of drone economic development

Members of the Senate Revenue and Economic Development Committee will hear SB421, a bill that requires the Governor’s Office of Economic Development to launch a program to facilitate the growth of the drone industry in Nevada and allocates $1 million to the effort.

Then, they will hear SB415, which creates a “Volens and Potens” fund. The account, which would make venture capital investments in businesses located or seeking to relocate to Nevada, is named for the Latin phrase meaning “Willing and Able.”

They’ll also vote on SB448, which allocates $10 million in tax credits to spur affordable housing development.

The committee meets at 1:30 p.m.

AB345: Election Omnibus

Proposed by Assembly Speaker Jason Frierson, this bill would make several changes to election procedures including extending the deadline to register to vote and allowing for same-day voting registration.

AB345 would allow individuals to register to vote by computer during the early voting period, but would require them to cast a ballot on Election Day. The bill removes that limit after 2022, allowing anyone who registers to vote during the early voting period to cast a ballot during that period.

It would also allow individuals to register to vote on the same day of any election, initially requiring them to cast provisional ballots, but allowing them to cast actual ballots after 2022.

It also requires the secretary of state to set up a voter registration portal on its website, implement aspects of a passed ballot question requiring automatic voter registration at the DMV and requires that provisional ballots list all applicable races for a voter, not just federal races. The bill would also allow anyone, not just people over 65 or individuals with disabilities, to request an absentee ballot, but would require individuals requesting an absentee ballot do so 14 days prior to an election (current law only requires 7 days).

The bill also removes requirements that certain election information be printed in a newspaper, allows 17-year-olds who will be 18 before a general election to vote in a primary election and requires early voting sites to be open for certain hours every day during the early voting period.

It’s scheduled for a hearing in the Assembly Committee on Legislative Operations and Elections at 4 p.m.

AJR9: Ending judicial elections

If passed, this resolution would be the first step toward amending the state’s constitution to end the appointment of judges and instead require them to be appointed by the governor.

The resolution would allow appointed judges to continue serving only if its recommended by the Commission on Judicial Selection, which under the resolution would consist of a 17-member commission charged with reviewing judicial records and conduct. It would affect all District Court, Court of Appeals and Supreme Court judges.

Like other constitutional amendments, AJR9 would need to pass the 2019 and 2021 legislative sessions and then be approved by voters in 2022 to take effect.

It’s up for a hearing in the Assembly Committee on Legislative Operations and Elections at 4 p.m.

AB442: Payroll tax credit for vocational training

If approved, this bill would authorize employers who pay the state’s tax on payroll to receive a credit against their tax burden if they fund a qualified course of academic or vocational training for their employees.

The bill limits the tax credits to employers with less than 30 full or part-time employees and annual gross income below $3.5 million. The credit would be applicable to half the amount spent on training or $500 per employee, whichever is less, and limits the amount of available credits to $2.5 million per fiscal year.

It'll be heard in Assembly Taxation committee at 4 p.m.

AB73: Real property transfer tax for affordable housing

As proposed by the Assembly Committee on Taxation, this will would asses a 25 cent fee for every $500 of value on a property sale or transfer in Clark County to fund services or affordable housing for homeless or indigent people.

The bill would require the local governments collecting the tax to provide those services, and also authorize them to adopt an annual surcharge up to $25 on users of sewer service to provide similar services for homeless or indigent people.

It’s up for a hearing in committee at 4 p.m.

SB310: Work session on recycling deposit “bottle bill”

Members of the Senate Natural Resources Committee are set to vote on Democratic Sen. Melanie Schieble’s SB310, which creates a state recycling program allocating 5 cents for every beverage container turned into the state.

The bill creates the program and requires all beverage containers in the state be labeled with a refund value of 5 cents, requiring consumers to pay the deposit when purchasing the beverage and then receiving it back when returning the container to a redemption center for recycling.

The legislation would make Nevada the 11th state to adopt a so-called “bottle bill.” Because the measure raises taxes, it’ll require a two-thirds majority vote to pass.

The vote will be held at 4 p.m. in committee.

SB498: Zoning for fraternities and sororities

Proposed by Democratic Sen. Marilyn Dondero Loop, SB498 would prohibit local governments from passing or enforcing any ordinances that are “unreasonably impractical” to the operation of an establishment or business owned or operated by a tax-exempt “fraternal benefits association.”

The bill also authorizes such organizations — which include benefit societies and orders — to allow non-members into their place of business for recruitment purposes.

It’ll be heard in the Senate Government Affairs committee at 6:30 p.m.

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