Note from Your Lobbying Team
Last Friday was a big deadline at the Legislature, and we saw 256 bills die. Amongst the fallen:
- AB43 would have set the minimum property tax cap at 3% instead of the current 0%
- AB263 would have repealed the Commerce Tax
- AB353 would have allowed a potential applicant for licensure to petition a regulatory body to review his or her criminal history to see whether the body would grant them a license if they fulfilled the other requirements
- AB373 would have changed the regional representation on a number of boards and commissions
- AB462 would have rolled back a lot of the construction defects changes that were enacted in 2015
- SB24 would have authorized cities to require the registration of vacant properties
- SB161 would have clarified what constitutes an unreasonable denial for drought tolerant landscaping installation in an HOA
- SB378 was a comprehensive bill dealing with controlled substance that had a provision to prohibit landlords from penalizing a tenant using medical marijuana if the tenant had a valid registration card
With 46 days left to the session, we now are working from one deadline to the next... And the next deadline is Tuesday, April 25, by which time bills have to pass out of their house of origin (unless exempt). That means long floor sessions in both the Assembly and the Senate, and a lot of votes.
Depreciation Reset at Point of Sale
SJR14 proposes to change the Constitution to reset the depreciation on a property when that property is sold or transferred. If the property is sold, within the first year of ownership, the property is not eligible for any adjustment provided by the legislature for the age of improvements to the real property.
Since this is a proposed change to the Constitution, not many details are included to let the Legislature formulate the details of how this would work through statute.
Because this resolution proposes a change to the Constitution, it would have to pass the 2017 Legislature, then pass again in the 2019 Legislature, after which it would go to a vote of the people in 2020.
NVAR is monitoring this measure. It was heard in Senate Revenue and Economic Development on April 11.
Notarization of Rental Agreements
AB161 was introduced with the intent to address squatters presenting a fake lease to authorities when there's a squatting complaint. As introduced, it would have required that any written rental agreement for a single-family residence to be notarized.
It passed out of the Assembly Commerce and Labor Committee with an amendment that in some ways makes the bill even worse. While the amendment removes the requirement that the lease be notarized, what it adds in its place is quite problematic:
- agreement must include a disclosure at the top of the first page, in a font at least twice as large than any other font used in the rest of the agreement
- disclosure must advise tenant that lack of notarization creates a rebuttable presumption that the tenant does not have a right to lawful occupancy (i.e. authorities would not accept the lease as a proof that they are not squatters)
- disclosure must also advise tenant that lack of notarization does not render the agreement invalid and the landlord may enforce the agreement whether it is notarized or not
- adds into law that a person is presumed to know entry into a home is without permission of the owner unless the person provides a rental agreement that is notarized and includes the current address and phone number of the owner or representative
NVAR supports efforts to curb the squatting problem, however this bill - as introduced and as amended - does not fix the issue at hand. We continue to work with the proponents of the bill to find a real solution without putting landlords and tenants at risk.
Early Lease Termination for Victims of Certain Crimes
AB247 would extend the current provisions allowing victims of domestic violence to terminate their lease to victims of harassment, sexual assault and stalking if those victims present a police report or protection order issued by the court. It would also narrow the definition of qualified third party who are able to present a written affidavit supporting the domestic violence claims of a tenant.
NVAR supports this bill. It passed out of the Assembly unanimously, and was heard in the Senate Commerce, Labor and Energy Committee on April 21 with few questions from committee members.
Flat Recording Fee
AB169 would create a flat recording fee of $25 instead of the $10 for the first page and $1 for each additional page, except for mining recordings.
NVAR supports this measure. It passed out of the Assembly on April 21 on a 33-5 vote.
2017 SESSION BY THE NUMBERS
The 79th Session of the Nevada Legislature began on February 6, 2017, and will adjourn sine die on June 6, 2017.
|# of BDRs
|# of Senate Bills
|# of Assembly Bills
|Bills Tracked by NVAR
||Bill Introductions by Legislators (204)
||Bill Introductions by Committees (180)
||First House Committee Passage (256)
||First House Passage
||Second House Committee Passage
||Second House Passage
In this issue:
2017 Major Investors
Investment completed as of April 20, 2017. Pledges listed for those who have invested at least $300 as of the above date.
Platinum R ($10,000+)
Golden R ($5,000+)
Crystal R ($2,500+)
Kevin Sigstad (pledge)
Chantel Tilley (pledge)
Sterling R ($1,000+)
Forrest Barbee (pledge)
Lee Barrett (pledge)
Scott Beaudry (pledge)
Chris Bishop (pledge)
Edee Campbell (pledge)
Christina Cova-Simmons (pledge)
Keith Kelley (pledge)
Karen Marsa (pledge)
Kendra Murray (pledge)
Bill Process (pledge)
Sandee Smith (pledge)
Dave Tina, Jr.
Dave Tina Sr.
Cherie Williams (pledge)
Association Corporate Investors
NVAR - Platinum R
GLVAR - Platinum R
RSAR - Crystal R
SNAR - Crystal R
SNCCIM - Crystal R
ECAR - Sterling R
IVBOR - Sterling R
For more information, please contact:
Contact Government Affairs Directors