THE EIGHTY-SEVENTH DAY
Carson City(Wednesday), May 2, 2001
Senate called to order at 11:36 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Albert Tilstra.
O Lord, who has the words of eternal life, help us to cultivate proper speech. May we learn to say what we mean and mean what we say. And may it be worth saying. Teach us economy in speech that neither wounds nor offends, that affords light without generating heat. Bridle our tongues lest they stampede us into utterances of which, later, we shall be ashamed. This we ask in Your Name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 134, 135, 149, 152, 203, 204, 290, 310, 335, 621, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which was referred Senate Bill No. 421, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Finance, to which was referred Assembly Bill No. 609, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 1, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Natural Resources, to which were referred Assembly Bills Nos. 30, 301; Assembly Joint Resolution No. 6, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Taxation, to which was referred Assembly Bill No. 656, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mike McGinness, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 1, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 31, 100, 110, 282.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, May 2, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 27.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
WAIVERS AND EXEMPTIONS
Waiver Of Joint Standing Rule(s)
A Waiver requested by: the Committee on Commerce and Labor.
For: Senate Bill No. 421.
To Waive:
Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 82nd day).
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 106th day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 113th day).
With the following conditions:
May only be passed out of house of origin on or before May 4, 2001.
May only be passed out of final committee of second house on or before May 25, 2001.
May only be passed out of second house on or before May 29, 2001.
Has been granted effective: April 30, 2001.
William J. Raggio Richard D. Perkins
Senate Majority Leader Speaker of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Neal, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Gibbons, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 36—Memorializing legendary coach and teacher James “Bud” Hurin.
Whereas, The members of the Nevada Legislature were deeply saddened by the loss of beloved basketball coach and teacher James “Bud” Hurin on July 2, 2000; and
Whereas, Bud Hurin was born in Minnesota on March 12, 1925, to Chester E. and Rose Bernice Hayes Embree; and
Whereas, A teacher at Mineral County High School in Hawthorne and at Stewart Indian School in Carson City, Bud also coached football, baseball and track, but was most renowned for his basketball coaching abilities; and
Whereas, Bud, known as a colorful character who always had a good story to tell, was considered a legend in Nevada high school basketball, winning 511 games as a coach at both Mineral County High School and Stewart Indian School; and
Whereas, Teams coached by Bud at both schools won Class A state championships, in 1964 at Mineral County and in 1966 at Stewart; and
Whereas, Bud taught the basics of basketball, believing that fundamentals won games, but was also an innovator in coaching, conducting studies that showed a basketball could be rolled across the court as fast as a regular pass could be thrown, enabling shorter players to maneuver the ball around much taller ones; and
Whereas, Many basketball fans of that time remember the Braves of Stewart Indian School rolling the basketball down the court and scooping it up to make the basket before the taller players on the opposing team could get to it; and
Whereas, As a teacher and coach, Bud had a significant impact on many young men who passed through Stewart Indian School, molding Native Americans from 26 different tribes from at least five different states into a basketball team that was considered one of the best in the state; and
Whereas, Bud believed that the discipline he learned as a Marine got him through combat in the South Pacific during World War II, and used that discipline in his teaching and coaching; and
Whereas, Bud was a member of St. Teresa of Avila Catholic Church; and
Whereas, Bud Hurin is survived by three sons, Jude Hurin and Patrick Tobey, both of Carson City, and Alexander Hurin of North Carolina, two brothers, Gene of Wisconsin and Bob of Illinois, a sister, Virginia of St. Louis, and four grandchildren; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 71st session of the Nevada Legislature extend their heartfelt sympathy to the family and friends of Bud Hurin; and be it further
Resolved, That James “Bud” Hurin will be missed by his former students, fellow coaches and teachers, family and friends; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Bud’s sons, Alexander, Jude and Patrick.
Senator Neal moved the adoption of the resolution.
Remarks by Senators Neal, McGinness and Jacobsen.
Senator Neal requested that the following remarks be entered in the Journal.
Senator Neal:
Thank you, Madam President. I had the privilege to know Bud for most of my time here in the Legislature. I first met Bud when I came to Carson City in 1973. We struck up a friendship that lasted until his passing. The resolution indicated Bud made a great contribution to children in this State through sports that he taught, the championships that he won and also his participation with the Stewart Indian School where he had worked.
He did some great work with the Indian children at the Stewart Indian School and also with the children from the high school in Hawthorne where he had also taught and coached sports, in particular basketball. Basketball was a game he dearly loved. Bud had some innovations in that particular game. If you have ever been on a basketball court and you were looking for a pass, the ball would come rolling down the court; you would know that was something different. That was the type of innovations that Bud had brought to this game. Some of you might not remember him, but he would come here some sessions and sit on the floor with me while we were conducting business. Bud had another gentleman that worked for him that preceded him in death by the name of Taylor. They both worked at the Stewart Indian School for quite some time. They had a lot of children come through that institution who were influenced mostly by Bud and also by Taylor. Bud was married to Vivian McClay who worked here for the Research Division and preceded him in death.
After he left the coaching of basketball, he went to work for the Ormsby House. He worked the “catwalk” where he watched gamblers and players because they did not have all the cameras that they have now. He would tell me about all he observed while in the rooftop watching the gaming. I think it was when the Laxalts were the owners. His contribution to the State of Nevada would rank up there with many coaches and teachers who dealt with children during the late 50s and early 60s and into part of the 70s. I, for one, was sad to hear of Bud’s passing. One of the reasons why we requested this resolution was to honor Bud in his service to the State of Nevada. I will dearly miss my good friend.
Senator McGinness:
Thank you, Madam President. I did not know Bud personally except that I had met him a couple of times. We broadcast high school basketball games. When Fallon was in the same division as Stewart Indian School, it was always a challenge to broadcast a game because you were used to saying “pass,” but you were not used to saying “the ball is rolling from this part of the court to the other.” I also wanted to say that there is no mention in this resolution about Bud’s towel. He invented the towel thing long before Tarkanian did. There should be a mention of Bud always having a rolled–up towel.
Senator Jacobsen:
Thank you, Madam President. I would be remiss if I did not say something about Bud. I probably knew him better than anybody in this room. I was the local oilman at Stewart for about 40 years. I played ball there in my younger days of course. Bud was a super guy. I do not think I ever made a delivery there that I did not stop and say hello or he would look me up. I had a difficult time when Stewart played Douglas because I was on Bud’s side as far as him being the coach, but I was on the Douglas side as far as the players were concerned. I think the reason he won so many games was because no one really understood that “rolling–the–ball” play. We were taught that when the ball was on the floor and rolling it was a dead ball, he would roll it towards the basket or one of the players did, and someone would pick it up and make a basket. That always amazed me, how well he ran his team. What a joy Bud was for this area.
Resolution adopted.
Senator Neal moved that all rules be suspended and that Senate Concurrent Resolution No. 36 be immediately transmitted to the Assembly.
Motion carried unanimously.
By the Committee on Transportation:
Senate Joint Resolution No. 13—Expressing support for certain applications for capital grant funding to assist in financing bus and bus-related capital projects that will benefit Nevada’s transit system and urging the Nevada Congressional Delegation to pursue the attainment of these grants from money appropriated for this purpose.
Senator O'Donnell moved that the resolution be referred to the Committee on Transportation.
Motion carried.
Assembly Concurrent Resolution No. 27—Designating April 28, 2001, as Workers Memorial Day in Nevada.
Whereas, Since 1989, April 28 has been observed as Workers Memorial Day by the American Federation of Labor and Congress of Industrial Organizations; and
Whereas, This date is significant in that it is the anniversary of the enactment of the Occupational Safety and Health Act of 1970, and trade unionists around the globe now mark April 28 as an “International Day of Mourning”; and
Whereas, Workers Memorial Day is not only a time to remember the workers who have succumbed to an occupational disease or been injured or killed on the job, but a time to renew the commitment to prevent these tragedies in the future by supporting needed protections and defending the promise of safe jobs for all workers; and
Whereas, The theme for Workers Memorial Day for this year is “Mourn for the Dead. Fight for the Living. Stop the Pain”; and
Whereas, Decades of struggle by workers and their unions have resulted in significant improvements in working conditions, but the toll of workplace injuries, illness and deaths remains too high as, each year, more than 60,000 workers die from job-related injuries and illnesses and another 6 million are injured; and
Whereas, Too often these tragedies and the devastation they cause for these workers, their families and co-workers are quickly forgotten; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the 71st session of the Nevada Legislature hereby designates April 28, 2001, as Workers Memorial Day, a day to honor and remember the workers who have succumbed to occupational diseases or been injured or killed as a result of work-related accidents; and be it further
Resolved, That the residents of the State of Nevada are hereby urged to observe this day by recognizing the need for strengthening safety and health protections in the workplace so that future workplace tragedies can be prevented.
Senator Titus moved the adoption of the resolution.
Remarks by Senator Titus.
Senator Titus requested that her remarks be entered in the Journal.
I stand in support of this resolution acknowledging Workers Memorial Day in Nevada. The date, April 28, is significant because it is the anniversary of the enactment of the Occupational Safety and Health Act of 1970. It is important to pause on this date both to remember the workers who have died or been injured as a result of their occupations and to renew our commitment to prevent such tragedies in the future.
This past year was a good year for workers in the Nation’s nuclear defense industries; they were finally recognized by former President Clinton as deserving compensation for illnesses contracted as a result of exposure to radiation. Other significant improvements in working conditions have also occurred over the years, but we must be ever vigilant because problems still exist. Each year some 60,000 workers die from job-related injuries. To put that in perspective, it’s equal to the entire membership of the Southern Nevada Culinary Union. I urge you to support this resolution and promote safety in the workplace.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senator Townsend moved that Senate Bill No. 421 just reported out of committee be placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 421.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 652.
Amend the bill as a whole by deleting sections 1 through 61 and adding new sections designated sections 1 through 76, following the enacting clause, to read as follows:
“Section 1. Chapter 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 43, inclusive, of this act.
Sec. 2. “Certificate” means a certificate for the management of a common-interest community issued by the division pursuant to NRS 116.31139.
Sec. 3. “Commission” means the commission for common-interest communities created pursuant to section 11 of this act.
Sec. 4. “Community manager” means a person who holds a certificate or permit and provides for the management of a common-interest community.
Sec. 5. “Community managing agent” means a person who is responsible for supervising a holder of a certificate.
Sec. 6. “Division” means the real estate division of the department of business and industry.
Sec. 7. “Management of a common-interest community” means the physical, administrative or financial maintenance and management of a common-interest community, or the supervision of those activities, for a fee, commission or other valuable consideration.
Sec. 8. “Permit” means a permit to engage in property management issued pursuant to the provisions of chapter 645 of NRS.
Sec. 9. “Respondent” means a person who is the subject of a written affidavit filed with the division pursuant to section 18 of this act.
Sec. 10. If a matter governed by this chapter is also governed by chapter 82 of NRS and there is a conflict between the provisions of this chapter and the provisions of chapter 82 of NRS, the provisions of this chapter prevail.
Sec. 11. 1. The commission for common-interest communities, consisting of five members appointed by the governor, is hereby created within the division.
2. The governor shall appoint to the commission:
(a) Two members who are units’ owners residing in this state, one of whom is serving or has served as a member of the executive board of an association;
(b) One member who is in the business of developing common-interest communities in this state;
(c) One member who holds a permit or a certificate; and
(d) One member who has experience with or knowledge of matters related to common-interest communities, other than the management of a common-interest community.
3. Three members of the commission must be residents of a county whose population is 400,000 or more. Each of the other two members of the commission must be a resident of a county whose population is less than 400,000. Each member of the commission must have resided in a common-interest community or have been actively engaged in a business related to common-interest communities for not less than 3 years immediately preceding the date of his appointment.
4. After the initial terms, each member of the commission shall serve a term of 3 years. Each member may serve no more than two consecutive full terms. If a vacancy occurs during a member’s term, the governor shall appoint a person qualified under this section to replace the member for the remainder of the unexpired term.
5. While engaged in the business of the commission, each member is entitled to receive:
(a) A salary of not more than $80 per day, as established by the commission; and
(b) The per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 12. 1. The commission shall, at the first meeting of each fiscal year, elect from its members a chairman, vice chairman and secretary.
2. The commission shall meet at least once each calendar quarter and at other times on the call of the chairman or a majority of its members.
3. A majority of the members of the commission constitutes a quorum for the transaction of all business.
4. The commission shall prescribe such forms and adopt such procedures as are necessary for submitting information to the commission.
Sec. 13. 1. The division shall provide or arrange for courses of instruction in rules of procedure and substantive law appropriate for members of the commission.
2. Each person appointed to the commission shall attend the instruction provided pursuant to subsection 1 before serving on the commission.
Sec. 14. The commission shall:
1. Conduct such hearings as are required by sections 11 to 27, inclusive, of this act.
2. Collect and maintain accurate information relating to:
(a) The number and kinds of common-interest communities created in this state;
(b) The effect of the provisions of this chapter, and any rules or regulations adopted pursuant thereto, on the development and construction of common-interest communities, residential lending for common-interest communities, and the operation and management of common-interest communities;
(c) Violations of the provisions of this chapter and any rules or regulations adopted pursuant thereto;
(d) The accessibility and use of, and the cost related to, mediation and arbitration under NRS 38.300 to 38.360, inclusive, and the decisions rendered and awards made pursuant thereto;
(e) The number of liens foreclosed on units within common-interest communities for the failure to pay assessments levied against those units or fines imposed against units’ owners; and
(f) The studies of reserves of associations required to be conducted pursuant to NRS 116.31152.
3. Maintain current information concerning issues that are of concern to units’ owners, associations, persons engaged in the management of common-interest communities, developers and other persons affected by common-interest communities.
4. Recommend and approve for accreditation programs of education and research related to common-interest communities, including, without limitation:
(a) The management of common-interest communities;
(b) The sale and resale of units in a common-interest community;
(c) Alternative methods that may be used to resolve disputes related to common-interest communities; and
(d) The enforcement of liens foreclosed on units within a common-interest community for the failure to pay assessments levied against those units or for fines imposed against the units’ owners.
5. Perform such other acts as are necessary to carry out the provisions of sections 11 to 27, inclusive, of this act.
Sec. 15. 1. The commission shall adopt by regulation:
(a) Standards for subsidizing proceedings for mediation and arbitration conducted under NRS 38.300 to 38.360, inclusive, to ensure that such proceedings are affordable, are not lengthy, are readily accessible and resolve disputes related to common-interest communities in an effective manner.
(b) The qualifications for a person who engages in the management of a common-interest community, including, without limitation, requirements for continuing education and standards of practice.
(c) Standards for conducting meetings of the executive boards of associations, meetings of the units’ owners and elections of members of executive boards of associations.
(d) Standards for enforcing the governing documents of associations by the enforcement of liens or the imposition of fines.
2. The commission may:
(a) Adopt such regulations as are necessary for the administration of sections 11 to 27, inclusive, of this act.
(b) By regulation, delegate any of its authority to the administrator to be exercised pursuant to regulations adopted by the commission.
(c) Accept any gifts, grants or donations, and may enter into agreements with other entities that are required or authorized to carry out similar duties in this state or in other jurisdictions, to carry out the provisions of sections 11 to 27, inclusive, of this act.
(d) Cooperate with other entities that are required or authorized to carry out similar duties in this state or in other jurisdictions to develop uniform procedures for carrying out the provisions of sections 11 to 27, inclusive, of this act and for accumulating information needed to carry out those provisions.
3. The commission shall not intervene in any internal activities of an association except to the extent necessary to prevent or remedy a violation of any provision of this chapter or any rule or regulation adopted pursuant thereto.
Sec. 16. Any notice or other information required to be served upon the commission may be delivered to the principal office of the division.
Sec. 17. 1. All money received by the commission must be deposited in the account for common-interest communities and paid out on its order for its expenses.
2. The commission may delegate to an independent hearing officer or panel its authority to take any disciplinary action pursuant to sections 11 to 27, inclusive, of this act, including the authority to impose and collect fines and penalties. Fines and penalties imposed by an independent hearing officer or panel must be deposited in the account for common-interest communities.
3. If a hearing officer or panel is not authorized to take disciplinary action and determine the amount of any fine or penalty imposed pursuant to subsection 2, the commission shall deposit the money collected from the imposition of fines with the state treasurer for credit to the state general fund. If the money is so deposited, the commission may present a claim to the state board of examiners for recommendation to the interim finance committee if money is required to pay attorney’s fees or the costs of an investigation, or both.
Sec. 18. 1. A person who is aggrieved by any act committed in violation of the provisions of this chapter may, within 1 year after the discovery of the alleged violation, file with the division a written affidavit that sets forth the facts constituting the alleged violation. Such an affidavit may be filed only if the aggrieved person first provides to the respondent, by certified mail, return receipt requested, two written notices of the violation to be alleged in the affidavit. The notices must:
(a) Be mailed to the respondent’s last known address.
(b) Be mailed at least 15 days apart.
(c) Specify, in reasonable detail, the alleged violation, any injury suffered by the aggrieved person as a result of the alleged violation and any corrective action proposed by the aggrieved person.
2. A written affidavit filed with the division pursuant to subsection 1 must be:
(a) On a form prescribed by the commission.
(b) Be accompanied by evidence that:
(1) The respondent has been given a reasonable opportunity after receiving the written notices to correct the alleged violation; and
(2) Reasonable efforts to resolve the alleged violation have failed.
3. Except as otherwise provided in this section, the division shall, upon the receipt of a written affidavit, conduct an investigation to determine whether good cause exists to proceed with a hearing on the affidavit.
4. The commission shall adopt by regulation procedures for filing a written affidavit pursuant to this section.
5. The commission may require any person who knowingly files a false or fraudulent affidavit with the division to pay an administrative fine of not more than $1,000.
Sec. 19. 1. If, after investigating a written affidavit received pursuant to section 18 of this act, the division determines that the affidavit is not frivolous, false or fraudulent and that good cause exists to proceed with a hearing on the affidavit, the administrator shall file a formal complaint with the commission and schedule a hearing before the commission on the complaint.
2. The commission shall hold a hearing on the complaint within 90 days after the complaint is filed with the commission. The hearing may be continued upon the motion of the commission or at the discretion of the commission, upon the written request of the respondent or of the division for good cause shown. The respondent may be represented by an attorney at the hearing.
3. The division shall give the respondent written notice of the date, time and place of the hearing at least 30 days before the date of the hearing. The notice must be:
(a) Accompanied by:
(1) A copy of the complaint; and
(2) Copies of all communications, reports, affidavits and depositions in the possession of the division that are relevant to the complaint. The division may present evidence at the hearing that is obtained after giving notice to the respondent only if the division proves to the satisfaction of the commission that the evidence was not available after diligent investigation before the notice was given to the respondent and that the evidence was given or communicated to the respondent immediately after it was obtained.
(b) Delivered personally to the respondent or mailed to the respondent, by certified mail, to his last known address.
4. If the respondent is the holder of a permit or certificate, the division shall give written notice of the complaint to the broker or community managing agent with whom the respondent is associated. The notice must:
(a) Be mailed to the broker or community managing agent, by certified mail, to his last known address.
(b) Include an exact statement of the alleged violations.
(c) Include the date, time and place of the hearing.
Sec. 20. The commission may conduct any hearing required by section 19 of this act by means of video teleconference or telephone conference only if all participants in the proceedings are able to hear one another.
Sec. 21. 1. The respondent shall file an answer with the commission within 30 days after receiving the notice required by section 19 of this act.
2. The answer must:
(a) Contain an admission or a denial of the allegations contained in the complaint and any defenses upon which the respondent will rely; and
(b) Be delivered to the commission or mailed to the principal office of the division, by certified mail.
3. If an answer is not filed within the time required by subsection 1, the division may, after giving notice to the respondent in the manner prescribed in section 19 of this act, request the commission to enter a finding of default against the respondent.
Sec. 22. 1. The commission shall render a final decision on the complaint within 20 days after the final hearing thereon.
2. The commission shall notify all parties to the complaint of its decision in writing by certified mail, return receipt requested, within 60 days after the date of the final hearing. The written decision must include the commission’s findings of fact and conclusions of law.
Sec. 23. 1. If the commission determines, after notice and hearing, that any person has violated a provision of this chapter, the commission may:
(a) Issue an order to cease and desist from engaging in such conduct;
(b) Issue an order to take affirmative action to correct conditions resulting from the unlawful conduct; or
(c) Take both actions authorized by paragraphs (a) and (b).
2. If a person fails to comply with an order issued pursuant to subsection 1, the commission may impose a fine of not more than $1,000 for each violation.
Sec. 24. 1. If the commission determines that any person has violated or will violate a provision of this chapter, the commission may bring an action in the district court for the county in which the person resides or, if the person does not reside in this state, in any court of competent jurisdiction in this state, to enjoin that person from engaging in the violation or from doing any act in furtherance of the violation.
2. The action must be brought in the name of the State of Nevada.
3. An injunction may be issued without:
(a) Proof of actual damage sustained by any person.
(b) The filing of any bond.
Sec. 25. The commission and any of its members, acting pursuant to sections 11 to 27, inclusive, of this act, are immune from any civil liability for any decision or action taken in good faith and without malicious intent in response to a complaint filed with the commission.
Sec. 26. Within the limitations of legislative appropriations, the division may employ such attorneys, investigators, professional consultants and other employees as are necessary to carry out the provisions of sections 11 to 27, inclusive, of this act.
Sec. 27. The rights and remedies provided by sections 11 to 26, inclusive, of this act do not abrogate and are in addition to any other rights and remedies that may exist at law or in equity.
Sec. 28. 1. Except as otherwise provided in this section, a person acting as a community managing agent in this state must obtain a license from the division.
2. The commission shall provide by regulation for the issuance of licenses to community managing agents. The regulations:
(a) Must establish the qualifications for the issuance of such a license, including the education and experience required to obtain such a license;
(b) May require applicants for such a license to pass an examination in order to obtain a license;
(c) Must establish standards of practice for persons holding such a license;
(d) Must establish the grounds for initiating disciplinary action against a person to whom a license has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a license and for the suspension or revocation of a license; and
(e) Must establish rules of practice and procedure for conducting disciplinary hearings. No license may be revoked or suspended without first giving notice and holding a hearing pursuant to section 19 of this act.
3. The division may investigate the community managing agents to whom licenses have been issued to ensure their compliance with the standards of practice adopted pursuant to this section and collect a fee for the issuance of a license by the division in an amount not to exceed the administrative costs of issuing the license.
4. The provisions of subsection 1 do not apply to:
(a) A person who is engaged in the management of a common-interest community on October 1, 2001, and is granted an exemption from the requirements of subsection 1 by the administrator upon demonstration that he is qualified and competent to engage in the management of a common-interest community.
(b) A financial institution.
(c) An attorney who is licensed to practice in this state.
(d) A trustee.
(e) An employee of a corporation who manages only the property of the corporation, unless that corporation is also an association.
(f) A declarant.
(g) A receiver.
(h) An officer or member of the executive board of an association who acts as a community managing agent for the association.
Sec. 29. An application for a license to act as a community managing agent or for a certificate to act as a community manager must:
1. Include the social security number of the applicant; and
2. Be accompanied by the statement required pursuant to section 30 of this act.
Sec. 30. 1. An applicant for a license to act as a community managing agent or for a certificate to act as a community manager must submit to the division the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance of the license or certificate; or
(b) A separate form prescribed by the division.
3. A license or certificate may not be issued if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 31. 1. If the division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to the holder of a license to act as a community managing agent or the holder of a certificate to act as a community manager, the division shall deem the license or certificate to be suspended at the end of the 30th day after the date the court order was issued unless the division receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with a subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The division shall reinstate a license or a certificate that has been suspended by a district court pursuant to NRS 425.540 if the division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or certificate that he has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 32. 1. If the executive board of an association receives a written complaint from a unit’s owner alleging that the board has violated any provision of this chapter or any provision of the governing documents of the association, the executive board shall, if action is required by the board, place the subject of the complaint on the agenda of the next regularly scheduled meeting of the executive board.
2. The executive board, or an authorized representative of the association, shall, within 10 days after receiving such a complaint, acknowledge the receipt of the complaint and notify the unit’s owner that, if action is required by the board, the subject of the complaint will be placed on the agenda of the next regularly scheduled meeting of the executive board.
Sec. 33. An officer or member of the executive board of an association or a person engaged in the management of a common-interest community shall not solicit or accept any form of compensation, gratuity or other remuneration that would improperly influence or would appear to a reasonable person to influence improperly the decisions made by those persons, or would result or would appear to a reasonable person to result in a conflict of interest.
Sec. 34. A member of an executive board of an association shall not take any retaliatory action against a unit’s owner because the unit’s owner has:
1. Complained in good faith about any alleged violation of this chapter or the governing documents of the association; or
2. Requested in good faith to review the books, records and papers of the association.
Sec. 35. 1. A member of the executive board of an association shall not:
(a) On or after October 1, 2001, enter into a contract or renew a contract with the association to provide goods or services to the association; or
(b) Otherwise accept any commission, personal profit or compensation of any kind from the association for providing goods or services to the association.
2. Except as otherwise provided in NRS 116.3105, the provisions of this section do not prohibit:
(a) The payment of a salary or other income to a member of an executive board of an association for acting in his official capacity.
(b) A declarant from entering into a contract with an association or the payment of any consideration to the declarant for any goods or services furnished by the declarant to the association.
(c) The declarant from serving as an officer or a member of the executive board of the association.
3. As used in this section, “declarant” includes any agent, employee or affiliate of a declarant.
Sec. 36. 1. An association may bring an action to recover damages resulting from constructional defects in any of the units, common elements or limited common elements of the common-interest community, or submit such a claim to mediation pursuant to NRS 40.680, only:
(a) If the association first obtains the written approval of each unit’s owner whose unit or interest in the common elements or limited common elements will be the subject of the action or claim;
(b) Upon a vote of the units’ owners to which at least a majority of the votes of the members of the association are allocated; and
(c) Upon a vote of the executive board of the association.
2. If an action is brought by an association to recover damages resulting from constructional defects in any of the units, common elements or limited common elements of the common-interest community, or such a claim is submitted to mediation pursuant to NRS 40.680, the attorney representing the association shall provide to the executive board of the association and to each unit’s owner a statement that includes, in reasonable detail:
(a) The defects and damages or injuries to the units, common elements or limited common elements;
(b) The cause of the defects, if the cause is known;
(c) The nature and the extent that is known of the damage or injury resulting from the defects;
(d) The location of each defect within the units, common elements or limited common elements, if known;
(e) A reasonable estimate of the cost of the action or mediation, including reasonable attorney’s fees;
(f) An explanation of the potential benefits of the action or mediation and the potential adverse consequences if the association does not commence the action or submit the claim to mediation or if the outcome is not favorable to the association; and
(g) All disclosures that are required to be made upon the sale of the property.
3. An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element or limited common element caused by a constructional defect unless:
(a) The person is licensed as a contractor pursuant to chapter 624 of NRS;
(b) The association has obtained the prior written approval of each unit’s owner whose unit or interest in the common element or limited common element will be affected by such testing;
(c) The person has provided a written schedule for repairs;
(d) The person is required to repair all damage resulting from such tests in accordance with state laws and local ordinances relating thereto; and
(e) The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests.
4. As used in this section, “constructional defect” has the meaning ascribed to it in NRS 40.615.
Sec. 37. 1. Except as otherwise provided in subsection 2 and section 36 of this act, an association may commence a civil action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of a meeting at which the commencement of a civil action is to be considered or action is to be taken within 21 calendar days before the meeting.
2. The provisions of subsection 1 do not apply to a civil action that is commenced:
(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;
(b) To enforce the payment of an assessment;
(c) To enforce the declaration, bylaws or rules of the association;
(d) To proceed with a counterclaim; or
(e) To enforce or rescind a contract to which the association is a party.
Sec. 38. 1. Notwithstanding any other provision of this chapter, in a common-interest community that has at least 2,000 units and a master association, some or all of the authority of the members of the association may be exercised by delegates, including the voting rights of the members of the association, if the declaration so provides.
2. For the purpose of determining whether a common-interest community has at least 2,000 units, units that a declarant has reserved the right to create pursuant to NRS 116.2105 and for which developmental rights exist must be included.
Sec. 39. 1. If a common-interest community is developed in separate phases and the declarant, including a successor declarant who does not control the association established by the initial declarant, is constructing additional common elements that will be added to the association’s common elements, the declarant shall:
(a) Pay all common expenses related to the additional common elements;
(b) Prepare a study of the reserves for the additional common elements in accordance with NRS 116.31038; and
(c) Deliver to the association all reserves required by that section before delivery of the common elements to the association.
2. If a declarant, including a successor declarant who does not control the association established by the initial declarant, attempts to deliver to the association common elements that have improvements for which a study of reserves is required, the declarant that constructed those common elements shall, before the delivery of the common elements to the association, prepare a study of the reserves for the common elements in accordance with NRS 116.31038. The study must be approved by the association before the delivery of those common elements to the association. If there is a deficiency in the amount of reserves collected by the declarant or the association for those common elements, the declarant shall deliver the deficiency to the association before delivery of those common elements to the association.
Sec. 40. 1. A unit within a planned community that is restricted to residential use by the declaration may be used for a transient commercial use only if:
(a) The governing documents of the association do not prohibit such use; and
(b) Persons entitled to cast at least a majority of the votes in the association approve the transient commercial use of the unit.
2. If such use is approved, the association may establish requirements for such use, including the payment of additional fees that are related to any increase in services or other costs associated with the transient commercial use of the unit.
3. In addition to taking any action against a unit’s owner for violating the provisions of subsection 1, the commission may take action authorized by sections 23 and 24 of this act against any person who arranges or negotiates for the transient commercial use of a unit in violation of subsection 1.
4. As used in this section:
(a) “Remuneration” means any compensation, money, rent or other valuable consideration given in return for the occupancy, possession or use of a unit.
(b) “Transient commercial use” means the use of a unit, for remuneration, as a hostel, hotel, inn, motel, resort, vacation rental or other form of transient lodging if the term of the occupancy, possession or use of the unit is for less than 30 consecutive calendar days.
Sec. 41. The executive board of a master association of any common-interest community that was created before January 1, 1975, and is located in a county whose population is 400,000 or more may record an amendment to the declaration pursuant to which the master association reallocates the costs of administering the common elements of the master association among the units of the common-interest community uniformly and based upon the actual costs associated with each unit.
Sec. 42. 1. Notwithstanding any other provision of this chapter, the executive board of an association may, without giving notice to the units’ owners, employ a contractor licensed pursuant to the provisions of chapter 624 of NRS and such other persons as are necessary to make such repairs to a unit or common element within the common-interest community as are required to protect the health, safety and welfare of the units’ owners.
2. If the governing documents of the association require such action to be taken at a meeting of the executive board of the association, the executive board shall, within 90 days after employing any person pursuant to subsection 1, provide written notice to the units’ owners of its action and include the action on the agenda of its next regularly scheduled meeting.
Sec. 43. Notwithstanding any other provision of this chapter, if a declaration, any recorded instrument related to a common-interest community or any contract to which an association is a party provides for the imposition of an assessment, fine, penalty or other charge for any failure to adhere to a schedule for the completion of the design, commencement of the construction or completion of the construction of a unit or an improvement within the unit, or for the issuance of any necessary permit for the occupancy of the unit or the use of the improvement, the assessment, fine, penalty or other charge is enforceable if that schedule and the maximum amount of the assessment, fine, penalty or other charge are set forth in the declaration, recorded instrument or contract.
Sec. 44. NRS 116.1103 is hereby amended to read as follows:
116.1103 [In] As used in the declaration and bylaws [(NRS 116.3106), unless specifically provided otherwise or] of an association and in this chapter, unless the context otherwise requires, [and in this chapter,] the words and terms defined in NRS 116.110305 to 116.110393, inclusive, and sections 2 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 45. NRS 116.110305 is hereby amended to read as follows:
116.110305 “Administrator” means the administrator of the [real estate division of the department of business and industry.] division.
Sec. 46. NRS 116.11145 is hereby amended to read as follows:
116.11145 1. To carry out the purposes of this chapter, the [real estate] commission, or any member thereof [,] acting on behalf of the commission, may issue subpoenas to compel the attendance of witnesses and the production of books, records and other papers.
2. If any person fails to comply with a subpoena issued by the commission pursuant to this section , [within 10 days after its issuance,] the commission may petition the district court for an order of the court compelling compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the [date] service of the order, and show cause why he has not complied with the subpoena. A certified copy must be served upon the person subpoenaed.
4. If it appears to the court that the subpoena was regularly issued by the commission, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person shall be dealt with as for contempt of court.
Sec. 47. NRS 116.1116 is hereby amended to read as follows:
116.1116 1. The office of the ombudsman for owners in common‑interest communities is hereby created within the [real estate division of the department of business and industry.] division.
2. The administrator shall appoint the ombudsman for owners in common-interest communities. The ombudsman for owners in common‑interest communities is in the unclassified service of the state.
3. The ombudsman for owners in common-interest communities must be qualified by training and experience to perform the duties and functions of his office.
4. The ombudsman for owners in common-interest communities shall:
(a) Assist in processing claims submitted to mediation or arbitration pursuant to NRS 38.300 to 38.360, inclusive;
(b) Assist owners in common-interest communities to understand their rights and responsibilities as set forth in this chapter and the governing documents of their associations, including, without limitation, publishing materials related to those rights and responsibilities;
(c) Assist persons appointed or elected to serve [on] as officers or members of executive boards of associations to carry out their duties; [and]
(d) Assist in resolving complaints filed with the office alleging a violation of the provisions of this chapter or the governing documents of the association; and
(e) Compile and maintain a registration of each association organized within the state which includes, without limitation:
(1) The name, address and telephone number of the association;
(2) The name of the person engaged in [property management for] the management of the common-interest community or the name of the person who manages the property at the site of the common-interest community;
(3) The names, mailing addresses and telephone numbers of the members of the executive board of the association;
(4) The name of the declarant;
(5) The number of units in the common-interest community; [and]
(6) The total annual assessment made by the association [.] ;
(7) The number of liens foreclosed on units within the common-interest community for the failure to pay assessments levied against those units or fines imposed against units’ owners; and
(8) The studies of reserves of the association required to be conducted pursuant to NRS 116.31152.
Sec. 48. NRS 116.1117 is hereby amended to read as follows:
116.1117 1. There is hereby created the account for [the ombudsman for owners in] common-interest communities in the state general fund. The account must be administered by the administrator.
2. The fees collected pursuant to NRS 116.31155 must be credited to the account.
3. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
4. The money in the account must be used solely to [defray] :
(a) Defray the costs and expenses of administering the commission and the office of the ombudsman for owners in common-interest communities ; and [for the payment of fees for a mediator or an arbitrator pursuant to NRS 38.330.]
(b) Subsidize proceedings for mediation and arbitration conducted under NRS 38.300 to 38.360, inclusive.
Sec. 49. NRS 116.1201 is hereby amended to read as follows:
116.1201 1. Except as otherwise provided in this section and NRS 116.1203, this chapter applies to all common-interest communities created within this state.
2. This chapter does not apply to:
(a) Associations created for the limited purpose of maintaining:
(1) The landscape of the common elements of a common-interest community;
(2) Facilities for flood control; or
(3) A rural agricultural residential common-interest community.
(b) A planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that the chapter does apply to that planned community. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted, only if the declaration so provides or the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.
(c) Common-interest communities or units located outside of this state, but the provisions of NRS 116.4102 to 116.4108, inclusive, apply to all contracts for the disposition thereof signed in this state by any party unless exempt under subsection 2 of NRS 116.4101.
(d) A common-interest community that was created before January 1, 1992, is located in a county whose population is less than 50,000, and has less than 50 percent of the units within the community put to residential use, unless a majority of the units’ owners otherwise elect in writing.
3. The provisions of this chapter do not:
(a) Prohibit a common-interest community created before January 1, 1992, from providing for separate classes of voting for the units’ owners of the association;
(b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2122, inclusive;
(c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992; or
(d) Prohibit a common-interest community created before January 1, 1992, from providing for a representative form of government [.] in accordance with section 38 of this act.
4. The provisions of chapters 117 and 278A of NRS do not apply to common-interest communities.
5. For the purposes of this section, the [administrator] commission shall establish, by regulation, the criteria for determining whether an association is created for the limited purpose of maintaining the landscape of the common elements of a common-interest community, maintaining facilities for flood control or maintaining a rural agricultural residential common-interest community.
Sec. 50. NRS 116.1206 is hereby amended to read as follows:
116.1206 1. Any provision contained in a declaration, bylaw or other governing document of a common-interest community [created before January 1, 1992,] in effect on October 1, 2001, that does not conform to the provisions of this chapter [shall] :
(a) Shall be deemed to conform with those provisions by operation of law [, and any such declaration, bylaw or other governing document is not required to be amended to conform to those provisions.] ; and
(b) May be changed to conform to those provisions and may be so changed by a vote of the executive board of the association without compliance with the procedural requirements generally applicable to the adoption of an amendment to the declaration, bylaws or other governing document.
2. In the case of amendments to the declaration, bylaws or plats and plans of any common-interest community created before January 1, 1992:
(a) If the result accomplished by the amendment was permitted by law before January 1, 1992, the amendment may be made either in accordance with that law, in which case that law applies to that amendment, or it may be made under this chapter; and
(b) If the result accomplished by the amendment is permitted by this chapter, and was not permitted by law before January 1, 1992, the amendment may be made under this chapter.
3. An amendment to the declaration, bylaws or plats and plans authorized by this section to be made under this chapter must be adopted in conformity with the applicable provisions of chapter 117 or 278A of NRS and with the procedures and requirements specified by those instruments. If an amendment grants to any person any rights, powers or privileges permitted by this chapter, all correlative obligations, liabilities and restrictions in this chapter also apply to that person.
Sec. 51. NRS 116.2103 is hereby amended to read as follows:
116.2103 1. [All provisions of the declaration and bylaws are severable.] The inclusion in a governing document of an association of a provision that violates any provision of this chapter does not render any other provision of the governing document invalid or otherwise unenforceable if such other provisions can be given effect in accordance with their original intent and the provisions of this chapter.
2. The rule against perpetuities and NRS 111.103 to 111.1039, inclusive, do not apply to defeat any provision of the declaration, bylaws, rules or regulations adopted pursuant to NRS 116.3102.
3. In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.
4. Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter.
Sec. 52. NRS 116.2105 is hereby amended to read as follows:
116.2105 1. The declaration must contain:
(a) The names of the common-interest community and the association and a statement that the common-interest community is either a condominium, cooperative or planned community;
(b) The name of every county in which any part of the common-interest community is situated;
(c) A sufficient description of the real estate included in the common-interest community;
(d) A statement of the maximum number of units that the declarant reserves the right to create;
(e) In a condominium or planned community, a description of the boundaries of each unit created by the declaration, including the unit’s identifying number or, in a cooperative, a description, which may be by plats or plans, of each unit created by the declaration, including the unit’s identifying number, its size or number of rooms, and its location within a building if it is within a building containing more than one unit;
(f) A description of any limited common elements, other than those specified in subsections 2 and 4 of NRS 116.2102, as provided in paragraph (g) of subsection 2 of NRS 116.2109 and, in a planned community, any real estate that is or must become common elements;
(g) A description of any real estate, except real estate subject to developmental rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in subsections 2 and 4 of NRS 116.2102, together with a statement that they may be so allocated;
(h) A description of any developmental rights [(NRS 116.11034)] and other special declarant’s rights [(NRS 116.110385)] reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time within which each of those rights must be exercised;
(i) If any developmental right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with:
(1) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each developmental right or a statement that no assurances are made in those regards; and
(2) A statement whether, if any developmental right is exercised in any portion of the real estate subject to that developmental right, that developmental right must be exercised in all or in any other portion of the remainder of that real estate;
(j) Any other conditions or limitations under which the rights described in paragraph (h) may be exercised or will lapse;
(k) An allocation to each unit of the allocated interests in the manner described in NRS 116.2107 [;] and a statement of whether voting by delegates is required or permitted pursuant to section 38 of this act;
(l) Any restrictions:
(1) On use, occupancy and alienation of the units; and
(2) On the amount for which a unit may be sold or on the amount that may be received by a unit’s owner on sale, condemnation or casualty to the unit or to the common-interest community, or on termination of the common-interest community;
(m) The file number and book or other information to show where easements and licenses are recorded appurtenant to or included in the common-interest community or to which any portion of the common-interest community is or may become subject by virtue of a reservation in the declaration; and
(n) All matters required by NRS 116.2106 to 116.2109, inclusive, 116.2115 , [and] 116.2116 and 116.31032.
2. The declaration may contain any other matters the declarant considers appropriate.
Sec. 53. NRS 116.2111 is hereby amended to read as follows:
116.2111 [Subject]
1. Except as otherwise provided in this section and subject to the provisions of the declaration and other provisions of law, a unit’s owner:
[1.] (a) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common-interest community;
[2.] (b) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the common-interest community, without permission of the association; and
[3.] (c) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common-interest community. Removal of partitions or creation of apertures under this [subsection] paragraph is not an alteration of boundaries.
2. An association may not:
(a) Require the removal of any structure, fixture or other improvement made to a unit if it was approved by the association in writing before it was installed or constructed in accordance with procedures set forth in the governing documents of the association.
(b) Unreasonably restrict, prohibit or otherwise impede the lawful rights of a unit’s owner to have reasonable access to his unit.
(c) Prohibit or unreasonably restrict or withhold approval for a unit’s owner to include or add in or to a unit:
(1) An apparatus required for the use of solar energy;
(2) Improvements such as ramps, railings or elevators that are necessary or desirable to increase the unit’s owner’s access to his unit if an occupant of the unit is disabled; or
(3) Shutters or additional locks that are desirable to make a unit’s owner feel safe in his unit.
3. If the improvement or alteration is visible from any other portion of the common-interest community, any device or other improvement included or added in or to a unit pursuant to paragraph (b) or (c) of subsection 2 must be added or installed in accordance with the procedures set forth in the governing documents of the association and must be selected or designed to the maximum extent practicable to be compatible with the style of the common-interest community.
Sec. 54. NRS 116.31031 is hereby amended to read as follows:
116.31031 1. If a unit’s owner, or a tenant or guest of a unit’s owner, does not comply with a provision of the governing documents of an association, the executive board of the association may, if the governing documents so provide:
(a) Prohibit, for a reasonable time, the unit’s owner, or the tenant or guest of the unit’s owner, from:
(1) Voting on matters related to the common-interest community.
(2) Usingthe common elements. The provisions of this subparagraph do not prohibit the unit’s owner, or the tenant or guest of the unit’s owner, from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking.
(b) Require the unit’s owner, or the tenant or guest of the unit’s owner, to pay a fine for each failure to comply . [that does not threaten the health and welfare of the common-interest community.] The fine must be commensurate with the severity of the violation . [, but] If the failure to comply does not threaten the health, safety or welfare of the common-interest community, the fine must not exceed $100 for each violation . [or a total amount of $500, whichever is less.]
2. If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days or a longer period as may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured [.] , but in no event may the cumulative total amount of the additional fine exceed $1,000 per calendar year for each continuing violation. Any additional fine for each continuing violation may be imposed without notice and an opportunity to be heard.
3. Except as otherwise provided in subsection 2, the imposition of a fine pursuant to this section must comply with the requirements of subsection 6 of NRS 116.31065.
Sec. 55. NRS 116.31034 is hereby amended to read as follows:
116.31034 1. Except as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarant’s control, the units’ owners shall elect an executive board of at least three members, at least a majority of whom must be units’ owners. The executive board shall elect the officers. The members and officers of the executive board shall take office upon election.
2. The term of office of a member of the executive board may not exceed 2 years. A member of the executive board may be elected to succeed himself. The governing documents of the association must [set] :
(a) Set forth the month during which elections for the members of the executive board must be held after the termination of any period of the declarant’s control.
(b) Provide for terms of office that are staggered. The provisions of this paragraph do not apply to members of the executive board appointed by the declarant.
3. Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each unit’s owner of his eligibility to serve as a member of the executive board. Each unit’s owner who is qualified to serve as a member of the executive board may have his name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.
4. A unit’s owner may not be an officer or member of the executive board if he or any member of his immediate family engages in the management of the common-interest community.
5. An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a unit may be an officer or member of the executive board. In all events where the person serving or offering to serve as an officer or member of the executive board is not the record owner, he shall file proof in the records of the association that:
(a) He is associated with the corporate owner, trust, partnership , limited-liability company or estate as required by this subsection; and
(b) Identifies the unit or units owned by the corporate owner, trust, partnership , limited-liability company or estate.
[5. The]
6. Except as otherwise provided in section 38 of this act, the election of any member of the executive board must be conducted by secret written ballot. The secretary or other officer specified in the bylaws of the association shall cause to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner, a secret ballot and a return envelope.
[6.] 7. Each member of the executive board shall, within 30 days after his appointment or election, certify in writing that he has read and understands the governing documents of the association and the provisions of this chapter to the best of his ability.
Sec. 56. NRS 116.31036 is hereby amended to read as follows:
116.31036 1. Notwithstanding any provision of the declaration or bylaws to the contrary, the units’ owners, by a two-thirds vote of all persons [present and] entitled to vote at any meeting of the units’ owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.
2. The removal of any member of the executive board must be conducted by secret written ballot. The secretary or other officer specified in the bylaws of the association shall cause to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner, a secret ballot and a return envelope.
3. If a member of an executive board is sued for liability for actions undertaken in his role as a member of the board, the association shall indemnify him for his losses or claims, and undertake all costs of defense, unless it is proven that he acted with willful or wanton misfeasance or with gross negligence. After such proof , the association is no longer liable for the cost of defense, and may recover costs already expended from the member of the executive board who so acted. Members of the executive board are not personally liable to the victims of crimes occurring on the property. Punitive damages may not be recovered against the association, but may be recovered from persons whose activity gave rise to the damages.
Sec. 57. NRS 116.3106 is hereby amended to read as follows:
116.3106 1. The bylaws of the association must provide:
(a) The number of members of the executive board and the titles of the officers of the association;
(b) For election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify;
(c) The qualifications, powers and duties, terms of office and manner of electing and removing officers of the association and members of the executive board and filling vacancies;
(d) Which, if any, of its powers the executive board or officers may delegate to other persons or to a [managing agent;] person engaged in the management of the common-interest community;
(e) Which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association;
(f) Procedural rules for conducting meetings of the association; [and]
(g) A method for amending the bylaws [.] ; and
(h) Procedural rules for conducting elections.
2. Except as otherwise provided in the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
3. The bylaws must be written in plain English.
Sec. 58. NRS 116.31065 is hereby amended to read as follows:
116.31065 The rules adopted by an association:
1. Must be reasonably related to the purpose for which they are adopted.
2. Must be sufficiently explicit in their prohibition, direction or limitation to inform a unit’s owner, or a tenant or guest of a unit’s owner, of any action or omission required for compliance.
3. Must not be adopted to evade any obligation of the association.
4. Must be consistent with the governing documents of the association and must not arbitrarily restrict conduct or require the construction of any capital improvement by a unit’s owner that is not required by the governing documents of the association.
5. Must be uniformly enforced under the same or similar circumstances against all units’ owners. [Any rule that is not so uniformly enforced may not be enforced against any unit’s owner.]
6. May be enforced by the assessment of a fine only if:
(a) The association has given written notice, by certified mail, to the person alleged to have violated the rule [has received notice of the alleged violation that informs him of his opportunity to request a hearing on the alleged violation.] that:
(1) Sets forth the alleged violation and any required corrective action; and
(2) Includes a statement that he is entitled to a hearing on the alleged violation before the imposition of the fine;
(b) The person alleged to have violated the rule is afforded an opportunity to cure the alleged violation before the imposition of the fine; and
(c) At least 30 days before the alleged violation, the person alleged to have violated the rule was given written notice of the rule or any amendment to the rule.
Sec. 59. NRS 116.31083 is hereby amended to read as follows:
116.31083 1. A meeting of the executive board of an association must be held at least once every 90 days.
2. Except in an emergency or unless the bylaws of an association require a longer period of notice, the secretary or other officer specified in the bylaws of the association shall, not less than 10 days before the date of a meeting of the executive board, cause notice of the meeting to be given to the units’ owners. Such notice must be:
(a) Sent prepaid by United States mail to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner; or
(b) Published in a newsletter or other similar publication that is circulated to each unit’s owner.
3. In an emergency, the secretary or other officer specified in the bylaws of the association shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each unit within the common-interest community or posted in a prominent place or places within the common elements of the association.
4. The notice of a meeting of the executive board of an association must state the time and place of the meeting and include a copy of the agenda for the meeting or the date on which and the locations where copies of the agenda may be conveniently obtained by the units’ owners of the association. The notice must include notification of the right of a unit’s owner to:
(a) Have a copy of the minutes or a summary of the minutes of the meeting distributed to him upon request and, if required by the executive board, upon payment to the association of the cost of making the distribution.
(b) Speak to the association or executive board, unless the executive board is meeting in executive session.
5. The agenda of the meeting of the executive board of an association must comply with the provisions of subsection 3 of NRS 116.3108. The period required to be devoted to comments by units’ owners and discussion of those comments must be scheduled for the beginning of each meeting. In an emergency, the executive board may take action on an item which is not listed on the agenda as an item on which action may be taken.
6. At least once every 90 days, unless the declaration or bylaws of the association impose more stringent standards, the executive board shall review at one of its meetings:
(a) A current reconciliation of the operating account of the association;
(b) A current reconciliation of the reserve account of the association;
(c) The actual revenues and expenses for the reserve account, compared to the budget for that account for the current year;
(d) The latest account statements prepared by the financial institutions in which the accounts of the association are maintained;
(e) An income and expense statement, prepared on at least a quarterly basis, for the operating and reserve accounts of the association; and
(f) The current status of any civil action or claim submitted to arbitration or mediation in which the association is a party.
7. [The] Except as otherwise provide in this subsection, the minutes of a meeting of the executive board of an association must [be] :
(a) Include:
(1) The date, time and place of the meeting;
(2) Those members of the executive board who were present and those members who were absent;
(3) The substance of all matters proposed, discussed or decided and, at the request of any member of the executive board, a record of each member’s vote on any matter decided by vote; and
(4) The substance of remarks made by any unit’s owner who addresses the executive board if he requests that the minutes reflect his remarks or, if he has prepared written remarks, a copy of his prepared remarks if he submits a copy for inclusion;
(b) Be maintained by the association until the common-interest community is terminated; and
(c) Be made available to the units’ owners in accordance with the provisions of subsection 5 of NRS 116.3108.
The executive board of an association may establish reasonable limitations on materials, remarks or other information to be included in the minutes of its meetings.
8. A unit’s owner may record on audiotape or any other means of sound reproduction a meeting of the executive board, unless the board is meeting in executive session, if the members of the board who are in attendance are notified of the intent of the unit’s owner to record the meeting.
9. As used in this section, “emergency” means any occurrence or combination of occurrences that:
(a) Could not have been reasonably foreseen;
(b) Affects the health, welfare and safety of the units’ owners of the association;
(c) Requires the immediate attention of, and possible action by, the executive board; and
(d) Makes it impracticable to comply with the provisions of subsection 2 or 5.
Sec. 60. NRS 116.31085 is hereby amended to read as follows:
116.31085 1. Except as otherwise provided in this section, a unit’s owner may attend any meeting of the units’ owners of the association or of the executive board and speak at any such meeting. The executive board may establish reasonable limitations on the time a unit’s owner may speak at such a meeting.
2. An executive board may meet in executive session to:
(a) Consult with the attorney for the association on matters relating to proposed or pending litigation if the contents of the discussion would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115, inclusive;
(b) Discuss [matters relating to personnel;] an employee of the association or an employee of a person engaged in the management of the common-interest community who is working solely for the association; or
(c) Discuss a violation of the governing documents alleged to have been committed by a unit’s owner, including, without limitation, the failure to pay an assessment, except as otherwise provided in subsection 3.
3. An executive board shall meet in executive session to hold a hearing on an alleged violation of the governing documents unless the [unit’s owner] person who allegedly committed the violation requests in writing that the hearing be conducted by the executive board at an open meeting. The [unit’s owner] person who is alleged to have committed the violation may attend the [hearing] executive session and testify concerning the alleged violation, but may be excluded by the executive board from any other portion of the [hearing,] executive session, including, without limitation, the deliberations of the executive board.
4. Except as otherwise provided in this subsection, any matter discussed in executive session must be generally noted in the minutes of the meeting of the executive board. The executive board shall maintain minutes of any decision made pursuant to subsection 3 and, upon request, provide a copy of the decision to the [unit’s owner] person who was the subject of the [hearing] executive session or to his designated representative.
5. Except as otherwise provided in subsection 3, a unit’s owner is not entitled to attend or speak at a meeting of the executive board held in executive session.
Sec. 61. NRS 116.3109 is hereby amended to read as follows:
116.3109 1. Except as otherwise provided in this section and unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20 percent of the votes that may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.
2. If the governing documents of an association provide for a quorum at a meeting of the association that is greater than 20 percent of the votes that may be cast for election of the executive board, and such a meeting for which proper notice has been given cannot be held because a quorum is not present, the units’ owners in attendance, either in person or by proxy in accordance with the governing documents of the association, may adjourn the meeting to a time that is not less than 48 hours or more than 30 days from the date of the meeting. At the subsequent meeting, a quorum is present if persons entitled to cast 20 percent of the votes that may be cast for election of the executive board are present in person or by proxy. If fewer units’ owners than that required by the quorum requirement contained in the governing documents are present at the subsequent meeting in person or by proxy in accordance with the governing documents, only those matters included on the agenda of the original meeting may be voted upon.
3. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting.
[3.] 4. For the purposes of [determining whether a quorum is present for the election of] electing any member of the executive board, a quorum is not required and only the secret written ballots that are returned to the association may be counted.
Sec. 62. NRS 116.311 is hereby amended to read as follows:
116.311 1. If only one of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners cast the votes allocated to that unit without protest made promptly to the person presiding over the meeting by any of the other owners of the unit.
2. Except as otherwise provided in this section, votes allocated to a unit may be cast pursuant to a proxy executed by a unit’s owner. A unit’s owner may give a proxy only to a member of his immediate family, a tenant of the unit’s owner who resides in the common-interest community or another unit’s owner who resides in the common-interest community. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through an executed proxy. A unit’s owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if:
(a) It is not dated or purports to be revocable without notice;
(b) It does not designate the votes that must be cast on behalf of the unit’s owner who executed the proxy; or
(c) The holder of the proxy does not disclose at the beginning of the meeting for which the proxy is executed the number of proxies pursuant to which he will be casting votes . [and the voting instructions received for each proxy.]
A proxy terminates immediately after the conclusion of the meeting for which it was executed. A vote may not be cast pursuant to a proxy for the election or removal of a member of the executive board of an association.
3. Only a vote cast in person, by secret ballot or by proxy, may be counted.
4. If the declaration requires that votes on specified matters affecting the common-interest community be cast by lessees rather than units’ owners of leased units:
(a) The provisions of subsections 1 and 2 apply to lessees as if they were units’ owners;
(b) Units’ owners who have leased their units to other persons may not cast votes on those specified matters; and
(c) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were units’ owners.
Units’ owners must also be given notice, in the manner provided in NRS 116.3108, of all meetings at which lessees are entitled to vote.
5. No votes allocated to a unit owned by the association may be cast.
6. Votes cast for the election or removal of a member of the executive board of an association must be counted in public.
Sec. 63. NRS 116.31139 is hereby amended to read as follows:
116.31139 1. An association may employ a [person engaged in property management for the common-interest community.] community manager.
2. Except as otherwise provided in this section, a [person engaged in property management for a common-interest community] community manager must:
(a) Hold a permit to engage in property management that is issued pursuant to the provisions of chapter 645 of NRS; or
(b) Hold a certificate issued by the [real estate commission] division pursuant to subsection 3.
3. The [real estate] commission shall provide by regulation for the issuance of certificates for [the management of common-interest communities to persons] community managers who are not otherwise authorized to engage in property management pursuant to the provisions of chapter 645 of NRS. The regulations:
(a) Must establish the qualifications for the issuance of such a certificate, including the education and experience required to obtain such a certificate;
(b) May require applicants to pass an examination in order to obtain a certificate;
(c) Must establish standards of practice for [persons engaged in property management for a common-interest community;] community managers;
(d) Must establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate; and
(e) Must establish rules of practice and procedure for conducting disciplinary hearings. No certificate may be revoked or suspended without first giving notice and holding a hearing pursuant to section 19 of this act.
The [real estate division of the department of business and industry] division may investigate the [property] community managers to whom certificates have been issued to ensure their compliance with the standards of practice adopted pursuant to this subsection and collect a fee for the issuance of a certificate by the [commission] division in an amount not to exceed the administrative costs of issuing the certificate.
4. The provisions of subsection 2 do not apply to:
(a) A person who is engaged in [property management for] the management of a common-interest community on October 1, [1999,] 2001, and is granted an exemption from the requirements of subsection 2 by the administrator upon demonstration that he is qualified and competent to engage in [property management for] the management of a common-interest community.
(b) A financial institution.
(c) An attorney licensed to practice in this state.
(d) A trustee.
(e) An employee of a corporation who manages only the property of the corporation [.] , unless that corporation is also an association.
(f) A declarant.
(g) A receiver.
[5. As used in this section, “property management” means the physical, administrative or financial maintenance and management of real property, or the supervision of those activities for a fee, commission or other compensation or valuable consideration.]
(h) An officer or member of the executive board of an association who acts as a community manager for the association.
Sec. 64. NRS 116.3115 is hereby amended to read as follows:
116.3115 1. Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association in accordance with the requirements set forth in NRS 116.31151. Except for an association for a time-share project governed by the provisions of chapter 119A of NRS, and unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and the money for the reserve required by paragraph (b) of subsection 2.
2. Except for assessments under subsections 4 to 7, inclusive:
(a) All common expenses, including a reserve, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107.
(b) The association shall establish an adequate reserve, funded on a reasonable basis, for the repair, replacement and restoration of the major components of the common elements. The reserve may be used only for those purposes, including, without limitation, repairing, replacing and restoring roofs, roads and sidewalks, and must not be used for daily maintenance.
3. Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.
4. To the extent required by the declaration:
(a) Any common expense associated with the maintenance, repair, restoration or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;
(b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and
(c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.
5. Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.
6. If any common expense is caused by the misconduct of any unit’s owner, the association may assess that expense exclusively against his unit.
7. The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.
8. If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.
9. The association shall provide written notice to the owner of each unit of a meeting at which an assessment for a capital improvement [or the commencement of a civil action] is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting. [Except as otherwise provided in this subsection, the association may commence a civil action only upon a vote or written agreement of the owners of units to which at least a majority of the votes of the members of the association are allocated. The provisions of this subsection do not apply to a civil action that is commenced:
(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;
(b) To enforce the payment of an assessment;
(c) To enforce the declaration, bylaws or rules of the association;
(d) To proceed with a counterclaim; or
(e) To protect the health, safety and welfare of the members of the association. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated. If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice for that reason only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.
10. At least 10 days before an association commences or seeks to ratify the commencement of a civil action, the association shall provide a written statement to all units’ owners that includes:
(a) A reasonable estimate of the costs of the civil action, including reasonable attorney’s fees;
(b) An explanation of the potential benefits of the civil action and the potential adverse consequences if the association does not commence the action or if the outcome of the action is not favorable to the association; and
(c) All disclosures that are required to be made upon the sale of the property.
11. No person other than a unit’s owner may request the dismissal of a civil action commenced by the association on the ground that the association failed to comply with any provision of this section.]
Sec. 65. NRS 116.31152 is hereby amended to read as follows:
116.31152 1. The executive board of an association shall:
(a) Cause to be conducted at least once every 5 years, a study of the reserves required to repair, replace and restore the major components of the common elements;
(b) Review the results of that study at least annually to determine if those reserves are sufficient; and
(c) Make any adjustments it deems necessary to maintain the required reserves.
2. The study required by subsection 1 must be conducted by a person qualified by training and experience to conduct such a study, including a member of the executive board, a unit’s owner or the [property] community manager of the association who is so qualified. The study must include, without limitation:
(a) A summary of an inspection of the major components of the common elements the association is obligated to repair, replace or restore;
(b) An identification of the major components of the common elements that the association is obligated to repair, replace or restore which have a remaining useful life of less than 30 years;
(c) An estimate of the remaining useful life of each major component identified pursuant to paragraph (b);
(d) An estimate of the cost of repair, replacement or restoration of each major component identified pursuant to paragraph (b) during and at the end of its useful life; and
(e) An estimate of the total annual assessment that may be required to cover the cost of repairing, replacement or restoration of the major components identified pursuant to paragraph (b), after subtracting the reserves of the association as of the date of the study.
3. The [administrator] commission shall adopt by regulation the qualifications required for conducting a study required by subsection 1.
Sec. 66. NRS 116.31155 is hereby amended to read as follows:
116.31155 1. An association shall:
(a) If the association is required to pay the fee imposed by NRS 78.150 or 82.193, pay to the administrator a fee established by regulation of the [administrator] commission for every unit in the association used for residential use.
(b) If the association is organized as a trust or partnership, pay to the administrator a fee established by regulation of the [administrator] commission for each unit in the association.
2. The fees required to be paid pursuant to this section must be:
(a) Paid at such times as are established by the [administrator.] division.
(b) Deposited with the state treasurer for credit to the account for [the ombudsman for owners in] common-interest communities created pursuant to NRS 116.1117.
(c) Established on the basis of the actual cost of administering the provisions of sections 11 to 27, inclusive, of this act, the commission and the office of the ombudsman for owners in common-interest communities and not on a basis which includes any subsidy for [the office.] those purposes. In no event may the fees required to be paid pursuant to this section exceed $3 per unit.
3. A unit’s owner may not be required to pay any portion of the fees required to be paid pursuant to this section to a master association and to an association organized pursuant to NRS 116.3101.
4. Upon the payment of the fees required by this section, the administrator shall provide to the association evidence that it paid the fees in compliance with this section.
Sec. 67. NRS 116.31158 is hereby amended to read as follows:
116.31158 1. Each association shall, at the time it pays the fee required by NRS 116.31155, register with the ombudsman for owners in common-interest communities on a form prescribed by the ombudsman.
2. The form for registration must include, without limitation, the information required to be maintained pursuant to paragraph [(d)] (e) of subsection 4 of NRS 116.1116.
Sec. 68. NRS 116.31162 is hereby amended to read as follows:
116.31162 1. Except as otherwise provided in subsection 4, in a condominium, a cooperative where the owner’s interest in a unit is real estate as determined pursuant to NRS 116.1105, or a planned community, the association may foreclose its lien by sale after:
(a) The association has mailed by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest, at his address if known, and at the address of the unit, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed, and the name of the record owner of the unit;
(b) The association has provided written certification to the ombudsman for owners in common-interest communities that notices have been given in accordance with NRS 116.31162;
(c) Not less than 30 days after mailing the notice of delinquent assessment pursuant to paragraph (a), the association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien, which contains the same information as the notice of delinquent assessment, but must also describe the deficiency in payment and the name and address of the person authorized by the association to enforce the lien by sale; and
[(c)] (d) The unit’s owner or his successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for [60] 90 days following the recording of the notice of default and election to sell.
2. The notice of default and election to sell must be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association.
3. The period of [60] 90 days begins on the first day following the later of:
(a) The day on which the notice of default is recorded; or
(b) The day on which a copy of the notice of default is mailed by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest at his address if known, and at the address of the unit.
4. The association may not foreclose a lien by sale for the assessment of a fine for a violation of the declaration, bylaws, rules or regulations of the association, unless the violation is of a type that threatens the health, safety or welfare of the residents of the common-interest community.
Sec. 69. NRS 116.31175 is hereby amended to read as follows:
116.31175 1. Except as otherwise provided in this subsection, the executive board of an association shall, upon the written request of a unit’s owner, make available the books, records and other papers of the association for review during the regular working hours of the association [.] , including, without limitation, all records filed with a court relating to a civil or criminal action to which the association is a party. The provisions of this subsection do not apply to:
(a) The personnel records of the employees of the association [;] , except for those records relating to the salaries and benefits of those employees; and
(b) The records of the association relating to another unit’s owner.
2. If the executive board refuses to allow a unit’s owner to review the books, records or other papers of the association, the ombudsman for owners in common-interest communities may:
(a) On behalf of the unit’s owner and upon written request, review the books, records or other papers of the association during the regular working hours of the association; and
(b) If he is denied access to the books, records or other papers, request the commission to issue a subpoena for their production.
3. The books, records and other papers of an association must be maintained for at least 10 years.
Sec. 70. NRS 116.41095 is hereby amended to read as follows:
116.41095 The information statement required by NRS 116.4103 and 116.4109 must be in substantially the following form:
BEFORE YOU PURCHASE PROPERTY IN A
COMMON-INTEREST COMMUNITY
DID YOU KNOW . . .
1. YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?
These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions (C, C & R’s) that should be provided for your review before making your purchase. The C, C & R’s become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you. The C, C & R’s, together with other “governing documents” (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by C, C & R’s, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the C, C & R’s and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you.
2. YOU WILL HAVE TO PAY OWNERS’ ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?
As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowner’s association. The obligation to pay these assessments binds you and every future owner of the property. Owners’ fees are usually assessed by the homeowner’s association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to maintain adequate reserves to repair, replace and restore common elements, you may be required to pay large, special assessments to accomplish these tasks.
3. IF YOU FAIL TO PAY OWNERS’ ASSESSMENTS, YOU COULD LOSE YOUR HOME?
If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the association’s costs and attorney’s fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.
4. YOU MAY BECOME A MEMBER OF A HOMEOWNER’S ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?
Many common-interest communities have a homeowner’s association. In a new development, the association will usually be controlled by the developer until a certain number of units have been sold. After the period of developer control, the association may be controlled by property owners like yourself who are elected by homeowners to sit on an executive board and other boards and committees formed by the association. The association, and its executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community. Because homeowners sitting on the executive board and other boards and committees of the association may not have the experience or professional background required to understand and carry out the responsibilities of the association properly, the association may hire professional managers to carry out these responsibilities.
Homeowner’s associations operate on democratic principles. Some decisions require all homeowners to vote, some decisions are made by the executive board or other boards or committees established by the association or governing documents. Although the actions of the association and its executive board are governed by state laws, the C, C & R’s and other documents that govern the common-interest community, decisions made by these persons will affect your use and enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in the community. You may not agree with decisions made by the association or its governing bodies even though the decisions are ones which the association is authorized to make. Decisions may be made by a few persons on the executive board or governing bodies that do not necessarily reflect the view of the majority of homeowners in the community. If you do not agree with decisions made by the association, its executive board or other governing bodies, your remedy is typically to attempt to use the democratic processes of the association to seek the election of members of the executive board or other governing bodies that are more responsive to your needs. If persons controlling the association or its management are not complying with state laws or the governing documents, your remedy is typically to seek to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, file a lawsuit and ask a court to resolve the dispute. In addition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may be responsible for paying your share of the association’s cost in defending against your claim. There is no government agency in this state that investigates or intervenes to resolve disputes in homeowner’s associations.
5. YOU ARE REQUIRED TO PROVIDE PROSPECTIVE BUYERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?
The law requires you to provide to a prospective purchaser of your property, before you enter into a purchase agreement, a copy of the community’s governing documents, including the C, C & R’s, association bylaws, and rules and regulations, as well as a copy of this document. You are also required to provide a copy of the association’s current financial statement, operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for the repair, replacement and restoration of common elements. You are also required to inform prospective purchasers of any outstanding judgments or lawsuits pending against the association of which you are aware. You are also required to provide a copy of the minutes from the most recent meeting of the homeowner’s association or its executive board. For more information regarding these requirements, see Nevada Revised Statutes 116.4103.
6. YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?
Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:
(a) To be notified of all meetings of the association and its executive board, except in cases of emergency.
(b) To attend and speak at all meetings of the association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.
(c) To request a special meeting of the association upon petition of at least 10 percent of the homeowners.
(d) To inspect, examine, photocopy and audit financial and other records of the association.
(e) To be notified of all changes in the community’s rules and regulations and other actions by the association or board that affect you.
7. QUESTIONS?
Although they may be voluminous, you should take the time to read and understand the documents that will control your ownership of a property in a common-interest community. You may wish to ask your real estate professional, lawyer or other person with experience to explain anything you do not understand. You may also request assistance from the ombudsman for owners in common-interest communities, Nevada Real Estate Division, at (telephone number) [.] , or the commission for common-interest communities, at (telephone number).
Buyer or prospective buyer’s initials:_____
Date:_____
Sec. 71. NRS 38.330 is hereby amended to read as follows:
38.330 1. If all parties named in a written claim filed pursuant to NRS 38.320 agree to have the claim submitted for mediation, the parties shall reduce the agreement to writing and shall select a mediator from the list of mediators maintained by the division pursuant to NRS 38.340. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the division shall appoint a mediator from the list of mediators maintained by the division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within 60 days after the parties agree to mediation. Any agreement obtained through mediation conducted pursuant to this section must, within 20 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. Except as otherwise provided in this section, the parties are responsible for all costs of mediation conducted pursuant to this section.
2. If all the parties named in the claim do not agree to mediation, the parties shall select an arbitrator from the list of arbitrators maintained by the division pursuant to NRS 38.340. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the division shall appoint an arbitrator from the list maintained by the division. Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the division shall provide the name of the arbitrator to each party.
3. The division may provide for the payment of the fees for a mediator or an arbitrator selected or appointed pursuant to this section from the account for [the ombudsman for owners in] common-interest communities created pursuant to NRS 116.1117, to the extent that money is available in the account for this purpose.
4. Except as otherwise provided in this section and except where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of NRS 38.075 to [38.105,] 38.135, inclusive, [38.115, 38.125, 38.135,] 38.155 and 38.165. At any time during the arbitration of a claim relating to the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association, the arbitrator may issue an order prohibiting the action upon which the claim is based. An award must be made within 30 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.
5. If all the parties have agreed to nonbinding arbitration, any party to the arbitration may, within 30 days after a decision and award have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to NRS 38.135.
6. If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of [chapter 38 of NRS.] this chapter. An award procured pursuant to such arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of NRS 38.145.
7. If, after the conclusion of arbitration, a party:
(a) Applies to have an award vacated and a rehearing granted pursuant to NRS 38.145; or
(b) Commences a civil action based upon any claim which was the subject of arbitration,
the party shall, if he fails to obtain a more favorable award or judgment than that which was obtained in the initial arbitration, pay all costs and reasonable attorney’s fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.
8. Upon request by a party, the division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.
9. As used in this section, “geographic area” means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320.
Sec. 72. Notwithstanding the provisions of sections 28 and 63 of this act, a person who engages in business as a community managing agent or a community manager is not required to be licensed or certified pursuant to the provisions of this act before January 1, 2002.
Sec. 73. As soon as practicable after October 1, 2001, the governor shall appoint to the commission for common-interest communities:
1. One member whose term expires on October 1, 2002.
2. Two members whose terms expire on October 1, 2003.
3. Two members whose terms expire on October 1, 2004.
Sec. 74. The state treasurer shall transfer any balance remaining unexpended on October 1, 2001, in the account for the ombudsman for owners in common-interest communities in the state general fund to the account for common-interest communities which is created pursuant to NRS 116.1117, as amended by this act.
Sec. 75. On or before November 1, 2002, the commission for common-interest communities created pursuant to section 11 of this act shall submit a report containing the information it is required to obtain pursuant to subsections 2 and 3 of section 14 of this act, and any recommended legislation, to the director of the legislative counsel bureau for transmittal to the 72nd session of the Nevada legislature.
Sec. 76. 1. This section and section 26 of this act become effective upon passage and approval.
2. Sections 1 to 25, inclusive, and 27 to 75, inclusive, of this act become effective on October 1, 2001.
3. Sections 29, 30 and 31 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children, are repealed by the Congress of the United States.”.
Amend the title of the bill by deleting the third through eleventh lines an inserting: “communities; requiring community managing agents to be licensed by the real estate division of the department of business and industry; requiring community managers to be certified by the division; limiting the circumstances under which an association may bring an action to recover damages resulting from constructional defects; revising the amount of a fine that may be imposed for a continuing violation of the governing documents of an association; requiring the removal of a member of the executive board of an association to be conducted by secret ballot; revising the circumstances under which an association may foreclose on its lien for unpaid assessments; and”.
Senator Schneider moved the adoption of the amendment.
Remarks by Senators Schneider, Raggio, Townsend, James, Titus, Coffin, O’Connell and O’Donnell.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 12:30 p.m.
SENATE IN SESSION
At 12:31 p.m.
President pro Tempore Jacobsen presiding.
Quorum present.
Senator Raggio moved that Senate Bill No. 421 be taken from the Second Reading File and placed on the General File for the next legislative day.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bill No. 190; Assembly Bills Nos. 236, 548, 580.
REMARKS FROM THE FLOOR
Senator Mathews requested that the following remarks be entered in the Journal.
Senator Neal:
Mr. President pro Tempore, I speak, after listening this morning to the Majority Leader, about the economic forum and the shortage that has been indicated will be occurring in this State. It seems to me that growth in this State is not paying for itself, and next year, the same forecast will probably be forthcoming. We do not see any increase in terms of the present collection of revenue, and therefore, the indications seem to be that we are going to be in dire straits in terms of meeting the needs of the citizens of this State. That tells me that somehow and somewhere, probably in this session or in the next session, that we are going to have to stand up and increase taxes in some way.
I do not know whether or not the Majority Leader or the people down the hall have actually considered this or even if the Governor, who has sent the budget to this Legislature with insufficient revenues to carry out the demands of the budget, has considered this. I have made some proposals in this Legislature which have been duly put to rest by the Committee on Taxation in terms of what should be done in order to meet some of our needs and to try to address some of the problems we have in a growing state. It seems to me that if we do not do this, we are going to reach a point where many in this State will suffer as a result of this.
Children have a need for schoolbooks; teachers have a need for salaries that will keep them from going to other states, and we need the salaries to attract teachers to this State. The state employees need raises in order to keep them satisfied. Only one group of individuals within the state government has gotten sufficient money to carry out their job, and they do need it. They are the people who are working for the Gaming Control Board. I wonder what the picture is going to look like in the coming years in terms of cutting the budget and not delivering these services. I wonder what the State will look like next year and the years after? We seem not to have a problem in terms of revenue from gaming. What will the answer be in asking gaming to open up some of their coffers to give us some money to help pay for growth. We will never know until we make a united effort to make them. Certainly, growth is not paying for itself as indicated by the Economic Forum. We already knew that based on the fact the Governor, along with the Lt. Governor, issued a report from the Economic Development Commission, which indicated growth is not paying for itself. When growth is not paying for itself then you must go after those industries that are making the money. We seem to be unwilling to do that. As a result, many children in this State are going to suffer because of this. Hopefully, within the next month, someone will come up with some type of scheme whereby we can buy schoolbooks for children, increase teachers’ salaries and help out the state workers.
To this day, we seem to be casting our hopes upon the water depending upon the Economic Forum to bring us to a safe harbor, knowing, of course, that this is not gospel that it is only telling us what the needs are. We do not have to abide by what they say. We can go beyond that. Hopefully, this Legislature, in the next few days, will start thinking about that and try to do the right thing in terms of getting funds to help this State. We need to make this State as viable as possible and thereby help take care of children, not have them go astray and become involved in problems which we fail to provide the means to take care of or prevent. Thank you, and I will probably address this issue again.
Senator James:
Thank you, Mr. President. I have sat on the Senate floor for five sessions, and I cannot tell you how many times I have sat here and listened to the Senator from North Las Vegas speak on various subjects and rarely has my voice been in chorus with his because I have not agreed with him on a lot of things. But I cannot sit here, today, and allow him to stand and to speak on an issue like the one he just spoke about without adding my voice to his.
I agree with so much of what the Senator from North Las Vegas just said. I do not agree with his tax proposal that would visit the entire burden of an increased tax burden on the gaming industry. I do believe that gaming has to be a part of the solution. I think they know that. I think there are a number of other industries in this State that know they have to be part of the solution. Everyone is talking about people coming to the table. We have been patient. We have been judicious. We have been careful. We have been respectful. We have been political. But, now, it is time to act. One hundred twenty-one million dollars must be cut from this budget, a budget that already isn’t funded enough for our education system, both higher education and K – 12.
The table is set. It is time to come to the table. There is no more time to stand around and talk about coming to the table. There is no more time to talk about waiting until next session. There is no more time to talk about realizing there is a problem but saying that it can be handled next session. Or that it can’t be handled this session. We all supported a biennial Legislature. A lot of us supported the 120-day session. We cannot look to those things as the reason not to act. The time is now to deal with the budget crisis that the State faces. The time is now to come back to our constituents and tell them, “We are going to take the steps necessary to ensure that the education system in the State is funded properly.” I think, and maybe I am wrong, but I do not think I am, if there is a mandate that we have this session, it is to address the woefully under–funded state budget; to address the woefully under–funded education system in the State. The State is the guarantor of the education system. Whatever money is not there we have to make it up. There are those who have introduced bills who have indicated that we already aren’t at the level that we should be. But they do not include any mechanism for getting us there. I respect those bills, but the next step has to be taken.
We have state workers who get trained at the state level, and they make the prudent decision to go and work for the county or local government or private industry. We should focus on county government because it is government to government work where they make a third more. As I came into town on Monday, I stopped to get my car washed at the Winners Corner. A highway patrolman came up, and he was getting his car washed. As we were standing there waiting for our cars to be dried, he told me he had moved from Alaska with 20 years of law enforcement experience. His wife became employed in Reno, and he decided to take a job with the Nevada Highway Patrol. He said it was all he could do not to work for one of the local law enforcement agencies because he was making a third, or more, less than they were.
We have a huge demand for teachers. We are not going to encourage those teachers we need to come here to educate our children, which is our most important task, unless we can pay them competitively with other states around the country who are competing for those limited numbers of good teachers available. We have to do it. I do not believe I have all the answers. You have seen some things circulated about proposals that I have discussed. Those are incomplete and in some senses they are inaccurate. I do believe that the time to wait is over. The time to act is now. I am prepared, and I know some of my colleagues on this floor are prepared to meet with whoever wishes to meet, to discuss, to meet into the night, to meet on the weekend, to stay here, to roll up our sleeves, to address the financial crisis that we are in right now and not to wait any longer. We need to be able to come back to our constituents and say, “We did as much as we could. We tried. We at least tried. We didn’t solve the entire problem. We didn’t rectify the fundamental structural problems with the State’s tax structure, but we made the first effort.”
I would join with this man with whom I have debated so many times on this floor, who has been a lonely voice that I have often disagreed with but always admired, and I would join hands with him and suggest that we all do as well. That we act now. That we face the crisis we were elected to face in this Legislative session regardless of the cost, regardless of the political consequences, that we do what we need to do.
Senator Amodei:
Mr. President, on this floor, today, we heard a fairly lively debate on Senate Bill No. 421 and the amendment that came out of the morning committee on which I serve. The participants in the amendment ranged across this floor and across party lines and across geographic lines in this State. I would submit to you that is a healthy and appropriate thing. I applaud my morning committee chair for being receptive to other points of view despite the fact that the committee had put a great deal of time in on that bill. Other people who do not serve on that specific committee had legitimate thoughts and concerns that should have been considered.
I say that so that I might say this, I understand the financial crisis we are in, in terms of balancing this budget. I understand there were requests for us to help and get rid of some bills that we put in that were not in the Executive Budget. I did that and did it willingly and happily. I would hope that having done that, that those members of this body who have asked for measures to be heard who are not members of a money committee receive the same objectivity and openness as do the policy committees. I do not say that because I have a fear of anything. I say that because the last time I checked Article 9 of the Constitution, this branch is responsible for appropriating money. I mean no disrespect to the Executive Branch and their budget, but I would submit to you that not all meritorious financial measures come from those with direct entrée to the budget process. I look forward to appearing before my colleagues on the Committee on Finance on Friday afternoon or evening, or Saturday morning whenever it is. I would hope that you would come to those meetings as members of that committee with the same objectivity that I come to my committee meetings with on your measures. Thank you.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students from Carson High School: Sabrina Badger, Kristin Foley, Danielle Garcia, Caleb Gesick, Bridget Bordon, Katherine Henkelman, Jason Henkle, Judith Johnson, Tomi Jo Johnson, Jay Kvam, Amy Martin, Ryanne Amodei, Barbara Asp, Hunter Atherton, Danny Nielsen, Rachel Pesis, Dorothy Seidel, Juheon Seung, Nicholas Sosa, Meghan Trotter, Christy Turner, Maria Farrow, Aaron Reinhardt, Jessica Allen, Rachel Arends, Cassidy Baxter, Megan Beattie, Ryan Bennett, Nicole Cano, Luke Chavez, Matthew Cluff, Carissa Collins, Robert Deriemer, Sandra Ellis, Meghan Ford, Nicholas Gitthens, Michelle Greeson, Shantel Hummel, Leroy Hunnewell, Joey Hurzel, Holli Jones, Erin Kelley, Danny Longhofer, Michael Ludwig, Erin Menath, Vincent Reymus, Kristopher Roman, Bruce Sellars, Victoria Slovey, Jarod Theiss, Jeff Young, Chandler Allen, Rachelle Baughman, Ruben Bedoy, Raul Betancourt, Jay Brogan, Kenneth Case, Timothy Christeson, Danielle Cook, Alyss Evans, Marques Giron, Jayson Hadwick, Brandon Hildebrand, Kevin Huffman, Shara Jackson, Dawn Johnson, Nick King, Dylan Linnell, Sarah McClung, Steven Newell, Logan Nordyke, Daryl Nourse, Richard Pace, Megan Reeder, Tia Svensson, Brianne Bassler, Dawn Bean, Lisa Brooks, Benigni Chilton, Drake Dembke, David Dwyer, Jamie Foster, Christine Frederick, Sam Greenstein, Robert Handley, Shanell Jensen, Danielle Jones, Alicia Mazy, Rebecca Molleson, Andrew Nixdorf, Lindsey Olson, Christina Rabe, Alexa Saiz, Michael Snowhill, Tara Spencer, Steven Veatch, Desiree Whitlow, Emily Woodside, Timothy Woodside and Stephen Veatch.
On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Jude Hurin, Danielle Hurin and Alex Hurin.
On request of Senator O'Donnell, the privilege of the floor of the Senate Chamber for this day was extended to Adam Cegavske.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Katy Wilson and Steve Padar.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Kimberly Scranton.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to the following students from Saint Viator School: Michele Abrate, Katie Brenske, Molly Burns, Joseph Chow, James Duffy, Sarah Giampa, Nitsa Gianakoulias, Nicholas Giovingo, Kaitlin Godbey, Erika Johnson, Ryan Jones, Kathleen Kershaw, Alysia Lippetti, Mark Lisowski, Frances Macdaluyo, Charles Martin, Nathalie Mercenier, Brett Pipitone, Joseph Porrello, Jessica Cressy, Carli Portz, Brittany Reilly, Danielle Rogers-Rowe, Christopher Roscoe, Jezrey Saenz, Andrew Schmidt, Melissa Schofield, Jeremy Schwartz, Jenny Terry, Veronica Von Tobel, Danielle Agnello, Vincent Brouwers, Sarah Elles, Cathleena Fayeghi, Ryan Fischer, Geneive Fumo, Nickolas Giorglone, Monique Hafen, Loren Harkins, Michelle Israel, Christina Jojola, Lauren Kenney, Diana Ladkany, Domenick Leonaggeo, Candace Malone, Taylor Matteson, Dallas Miller, Mulroy Kelley, Darotka Obara, James Pizzariello, Kristen Ritter, Peter Smiecinski, Nathan Snyder, Stephen Spelman, Mary Stamis, Joseph Trimboli, Bobbie Wiecek; teacher: Linda Mazurek; chaperones: Carol Loeffelholz, Judith Marco, Deborah Osos, John Browers, Thomas Fischer, Robert Leonaggeo, Michael Kershaw, Patricia Mulroy, Cheryl Wiecek, Judy Agnello, Paula Chow and Patrice Schmidt.
Senator Raggio moved that the Senate adjourn until Thursday, May 3, 2001 at 11 a.m. and that it do so in memory of Ursula Daines.
Motion carried.
Senate adjourned at 1:12 p.m.
Approved:Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate