2001 REGULAR SESSION (71st) CA AB133 R3 CA31
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 2, by deleting “11,” and inserting “6,”.
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Complainant” means a person who makes a claim or files an action against a design professional pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act.”.
Amend the bill as a whole by deleting sections 3 through 9 and renumbering sections 10 through 12 as sections 5 through 7.
Amend sec. 10, page 5, by deleting lines 40 through 46 and inserting:
“action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:”.
Amend sec. 11, page 7, by deleting lines 1 through 14 and inserting:
“Sec. 6. 1. The court shall dismiss an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, if the attorney for the complainant fails to:
(a) File an affidavit required pursuant to section 5 of this act;
(b) File a report required pursuant to subsection 3 of section 5 of this act; or
(c) Name the expert consulted in the affidavit required pursuant to subsection 1 of section 5 of this act.
2. The fact that an attorney for a complainant has complied or failed to comply with the provisions of section 5 of this act is admissible in the action.”.
Amend sec. 12, page 7, line 17, by deleting “11” and inserting “6,”.
Amend sec. 12, page 7, by deleting lines 18 and 19 and inserting:
“and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings ascribed to them in those”.
Amend the bill as a whole by deleting sections 13 through 33 and renumbering sec. 34 as sec. 8.
Amend sec. 34, by deleting lines 34 through 36 and inserting:
“inclusive, and sections 2 to 6, inclusive, of this act, unless the claim was initiated or the action was commenced on or after October 1, 2001.”.
Amend the bill as a whole by deleting sec. 35.
Amend the title of the bill to read as follows:
“AN ACT relating to real property; requiring an affidavit in support of an action concerning constructional defects against a design professional; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: