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14special report - Greater Las Vegas Association of Realtors

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CEO EXCHANGE<br />

[ BY NELSON B. JANES ]<br />

2013 LEGISLATIVE SESSION<br />

Isabelle Frenette with Carrara Nevada updated the Board of<br />

Directors on the current legislative session in Carson City.<br />

FACE OF FORECLOSURE<br />

Rocky Finseth and members of his staff, along with Joel<br />

Searby from SGS and Silver State Analytics, presented the<br />

Nevada Association of REALTORS ® Face of Foreclosure<br />

Report to a joint hearing of the Senate and Assembly<br />

Commerce and Labor Committees.<br />

Searby began the discussion with legislators by showing<br />

them the comprehensive data analysis and survey work<br />

done as part of the report. “Nevadans are ready to turn the<br />

page on this foreclosure crisis. People are ready to move<br />

on, and start thinking about the next phase of what Nevada<br />

could be. Our survey results clearly bear that out,”according<br />

to Searby. On the data front, Searby commented that “the<br />

data from the Mortgage Bankers Association just does not<br />

support the notion that AB 284 has caused all of the ills<br />

of this current real estate downturn. When you look at<br />

mortgage delinquencies, notices of default, and notices<br />

of trustee sales over the past year and a half, taking into<br />

account pre-AB 284 activity and post-AB 284 activity, the<br />

data tells a far different story.”<br />

Legislators saw individual statistics on their districts to<br />

include the number of foreclosures, notices of default broken<br />

out by unit types and real estate owned properties. “Wow,<br />

that is incredible,” commented one committee member.<br />

To conclude the presentation, Chief Lobbyist for the<br />

Association, Rocky Finseth, walked both committees<br />

through the recommendations coming out of the report.<br />

Finseth emphasized the need for revisions to AB 284;<br />

the establishment of bona fide purchaser statute; dealing<br />

with abandoned properties, and caution in creating an<br />

establishment of a homeowner’s bill or rights.<br />

INDEPENDENT CONTRACTOR STATUS<br />

A couple of bills have been introduced with a focus on<br />

independent contractor classification. The Legislature has<br />

concerns over employers who misclassify employees as<br />

independent contractors. NVAR Legislative Chair Keith<br />

Lynam created a Task Force to review the misclassified<br />

employees and review the definition of an independent<br />

contractor. SB 96 would create an administrative penalty<br />

against an employer who misclassifies an employee as an<br />

independent contractor.<br />

A Task Force met on the issue in 2010 and five bills were<br />

introduced in the 2011 Session. The Governor vetoed<br />

two bills that would have impacted your status as an<br />

independent contractor.<br />

DEPRECIATION<br />

The Nevada League of Cities has proposed a bill, AB 26,<br />

which would reduce the statutory rate of depreciation on<br />

property. Currently, real property depreciates at a rate of<br />

1.5% per year for 50 years. The property is fully depreciated<br />

in Nevada at the 50th year. The League wants to see that<br />

rate changed to 1% per year so that property would<br />

fully depreciate at the 75th year.<br />

The bill would not affect the maximum rate of depreciation,<br />

which is 75% of the cost of replacement, and real property<br />

will still fully depreciate at the current rate, but just take 25<br />

years longer. If AB 26 passes, the new rate will kick in as of<br />

January 1, 2013.<br />

Since the bill requires a 2/3rds majority, some of the Senate<br />

and Assembly Republicans would have to vote in favor of<br />

the bill in order for it to pass.n<br />

Chief Executive Officer Nelson B. Janes can be reached by calling<br />

702.784.5000 or by emailing njanes@glvar.org<br />

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SOUTHERN NEVADA REALTOR ® MARCH 2013 www.LasVegasRealtor.com

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